IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

Assigned on Briefs April 27, 2021, at Knoxville

STATE OF TENNESSEE v. RONALD CURRY

Appeal from the Criminal Court for Shelby County

No. 13-00365 Chris Craft, Judge

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No. W2020-00865-CCA-R3-CD

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The petitioner, Ronald Curry, appeals from the trial court’s summary dismissal of his 

motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of 

Criminal Procedure. After a thorough review of the briefs of the parties and the applicable 

law, we conclude that the petitioner failed to state a colorable claim and affirm the 

judgment of the trial court. 

Tenn. R. App. 3 Appeal as of Right; Judgment of the Trial court Affirmed Pursuant 

to Court of Criminal Appeals Rule 20

J. ROSS DYER, J., delivered the opinion of the court, in which NORMA MCGEE OGLE and 

TIMOTHY L. EASTER, JJ., joined.

Ronald Curry, Clifton, Tennessee, pro se.

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant 

Attorney General, for the appellee, State of Tennessee.

MEMORANDUM OPINION

On December 12, 2013, the petitioner pled guilty to one count of rape of a child. 

As part of his negotiated plea agreement, the defendant agreed to a sentence of twenty-five 

years to be served at 100%. 

On April 29, 2020, the petitioner filed a motion to correct an illegal sentence, 

arguing, among numerous claims, that the trial court lacked jurisdiction because the 

evidence was insufficient to support an indictment or a conviction; the trial court erred in 

finding the petitioner competent to stand trial; the trial court failed to advise him of lifetime 

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community supervision; the trial court failed to properly voir dire the petitioner during his 

guilty plea; his sentence was excessive; Brady violations; and ineffective assistance of 

counsel. The trial court summarily denied the petitioner’s motion, and this timely appeal 

followed.

Rule 36.1 permits a defendant to seek correction of an unexpired illegal sentence at 

any time. See State v. Brown, 479 S.W.3d 200, 211 (Tenn. 2015). “[A]n illegal sentence 

is one that is not authorized by the applicable statutes or that directly contravenes an 

applicable statute.” Tenn. R. Crim. P. 36.1(a). Our supreme court has interpreted the 

meaning of “illegal sentence” as defined in Rule 36.1 and concluded that the definition “is 

coextensive, and not broader than, the definition of the term in the habeas corpus 

context.” State v. Wooden, 478 S.W.3d 585, 594-95 (Tenn. 2015). That court then 

reviewed the three categories of sentencing errors: clerical errors (those arising from a 

clerical mistake in the judgment sheet), appealable errors (those for which the Sentencing 

Act specifically provides a right of direct appeal) and fatal errors (those so profound as to 

render a sentence illegal and void). Id. Commenting on appealable errors, the court stated 

that those “generally involve attacks on the correctness of the methodology by which a trial 

court imposed sentence.” Id. In contrast, fatal errors include “sentences imposed pursuant 

to an inapplicable statutory scheme, sentences designating release eligibility dates where 

early release is statutorily prohibited, sentences that are ordered to be served concurrently 

where statutorily required to be served consecutively, and sentences not authorized by any 

statute for the offenses.” Id. The court held that only fatal errors render sentences 

illegal. Id. A trial court may summarily dismiss a Rule 36.1 motion if it does not state a 

colorable claim for relief. Tenn. R. Crim. P. 36.1(b)(2).

Concerning the petitioner’s claims that are directly related to his sentence, the 

petitioner argues his bargained-for sentence is illegal because he was ordered to serve his 

sentence at 100% and the trial court erred in applying certain enhancement and mitigating 

factors. However, “a plea-bargained sentence is legal so long as it does not exceed the 

maximum punishment authorized by the plea offense.” Hoover v. State, 215 S.W.3d 776, 

780 (Tenn. 2007). Here, the petitioner entered a negotiated plea to rape of a child and 

agreed to a sentence of twenty-five years as a Range II offender. Rape of a child is a Class 

A felony with an applicable sentencing range of twenty-five to forty years. Tenn. Code 

Ann. §§ 39-13-522(b)(2)(A); 40-35-112(b)(1). Additionally, a conviction for rape of a 

child requires 100% of the sentence imposed to be served. Tenn. Code Ann. § 40-35-

501(i)(1), (i)(2)(I). Thus, the petitioner’s bargained for sentence of twenty-five years was 

the minimum sentence possible and specifically authorized by the applicable statutory 

scheme. Id. The petitioner is, therefore, not entitled to relief on this claim.

In addition to the fact that his bargained-for sentence is legal, the petitioner’s claims

regarding the alleged lack of notice of lifetime community supervision, the voluntariness 
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of his plea, Brady violations by the State, and ineffectiveness of trial counsel are not 

actionable in a Rule 36.1 motion. State v. Wooden, 478 S.W.3d 585, 594-95 (Tenn. 2015);

State v. Michael Scott Bickford, No. M2018-01837-CCA-R3-CD, 2019 WL 1579198, at 

*2 (Tenn. Crim. App. Apr. 12, 2019).

In light of the discussion above, we conclude the petitioner’s sentence is not illegal 

under the terms of Rule 36.1. When an opinion would have no precedential value, this 

Court may affirm by memorandum opinion the judgment or action of the trial court when

the judgment was rendered or the action was taken in a proceeding without a jury and such 

judgment or action was not a determination of guilt, and the evidence does not preponderate 

against the finding of the trial court. See Tenn. Ct. Crim. App. R. 20. We conclude that 

this case satisfies the criteria of Rule 20. The judgment of the trial court is affirmed in 

accordance with Rule 20, Rules of the Court of Criminal Appeals.

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 J. ROSS DYER, JUDGE