# FILED
October 23, 1997 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CRIMINA L APPEALS OF T ENNESSEE AT JACKSON AUGUST SESSION, 1997

RICK Y HAR RIS, ) C.C.A.NO. 02C01-9610-CC-00324 ) Appe llant, ) ) LAKE COUNTY ) V. ) ) HON.JOE G. RILEY , JR. , JUDG E BILLY COMPTON,WARDEN, ) ) Appellee. ) (HABEAS C ORPU S)

FOR THE APPELLANT : FOR THE APPELLEE : RICKY HARRIS,PRO SE JOHN KNOX WALKUP #121445, L. C.R.C.F Attorney General& Reporter Route 1, Box 330 Tiptonvil le, TN 38079-9775 CLINTON J.MORGAN Assistant Attorney General 2nd Floor, Cordel l Hull Bui lding 425 Fifth Avenue North Nashvill e, TN 37243 C. PHILLI P BIVENS Distri ct Attor ney General P.O. Drawer E Dyersburg, TN 38024 OPINION FILED ________________________ AFFIRMED THOMAS T. WOODALL, J UDGE-2- 

# OPINION

Petitioner, Ri cky H arris , appeals t he trialcourt’s denial of his peti tion for writ of habe as corp us. The Petitio ner was indicted and pled gu ilty to a forgery char ge. Subsequ ently he was co nvicted of first degree m urder. Curren tly, Petitioner i s serving a lif e sentence on the first degree murder convi ction which is consecutive to a three-year sentence forforgery. In this appea l, the Petitioner, relyi ng on State v. Rog er Da le Hill , C.C.A. No. 01C01-9508-CC-00267, Wayne Coun ty (Tenn. Crim. App. , Nashvil le, June 20 , 1996 ), perm. to app. gr anted , (Tenn. 1996), contends the judgment entered against him on the forger

y charge is void because t he indict ment fail ed to allege th e men s rea of the offense. W e affirm the ju dgme nt of the trial co urt.

Habeas corpus reli ef is onl y avail able when “it appears upon the face ofthe judgment or the record of the proceedings upon which the judgment i s rendered that a convict ing court was without j urisdic

tion or aut hor ity to sentence a defend ant, or that a def endant’s sentence of impri sonment or other r estraint has expired.” Archer v. State , 851 S.W .2d 157 , 164 (T enn. 19 93). Petition er asse rts the forgery co nviction is vo id due to th e failure of th e indictm ent to allege he intentionally, knowingly or recklessl y signed the name of a corp oration not yet in existence. Tenn. Code Ann. § 39 -3-80 2 (repealed 1989) . The tri al judge dismissed the petiti on stating that i t was without merit f or two reasons: (1) T he sufficiency

of the i ndictment i s not the proper subjectof habeas corpus r elief an d (2) Petition er’s life sente nce ha s not exp ired.-3- H abeas corpus reli ef is not availabl e if the Petiti oner may stil l be lega ll y detained under a convict ion other t han the one being at tacked in t he petiti on for writ of habe as corp us. Ussery v. Avery , 222 Tenn. 50, 432 S.W.2d 656, 658-59 (1968); Tenn. C ode Ann . § 29-21-122 (b)(2). It is clear f rom the r ecord that Petiti oner is servi ng a sentence o f life i mprisonment for the convicti on of first degree murder, and he doe s not con test that co nviction. Furthermore, a logical interpr etation of the facts, as se t forth in the p etition, sug gests that Peti tioner has
com pletely served his sentence for forg ery. He was c onvicted of forgery on June 13, 1986, and was placed on pro bation for three year

s. On May 8, 1988, after convic tio n fo r fir

st degree murder, his probat ion on the forgery convi ction was revoked and the sentence of life imprisonmentwas ordered to run consecutive to the three-yearsentence for forgery. Assuming that he ser ved the entir

e threeyearsentence for forg ery, that sentence would have been completely served no later than May of 1991, a l ittl e more than fi ve years pri or to the f iling of his pet ition forwrit of ha beas corpu s. In an y even t, Petition er is pre sently la wfully incarcerated on a sentence of l ife impri sonment, and is not entitl ed to habeas corpus relief on the forgery co nviction. Ussery v. Avery , 432 S.W.2d at 659.

Accord ingly, we affirm the judgm ent of the tria l court.

____________________________________ THOMAS T. W OODALL, Judge

CONCUR:-4-

___________________________________ DAVID G. HAYES, Judge

___________________________________ JERRY L. SMITH, Judge