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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
Assigned on Briefs February 23, 2010

DARRELL W. LUNSFORD v. HOWARD CARLTON, WARDEN
D irect Appeal from the Criminal C ourt for Johnson County
N o. 5185 Robert E. Cupp, Judge

N o. E2009-01259-C C A -R 3-HC -Filed A ugust 9, 2010
The Petitioner, Darrell W . Lunsford, appeals the dismissal of his petition for a w rit of habeas corpus, in w hich he alleged that his sentence was illegal. Upon review, w e affirm the judgment of the habeas corpus court.
Tenn. R . App. P. 3 Appeal as of Right; Judgm ent of the Criminal Court is Affirmed.
NORMA MCGEE OGLE, J., delivered the opinion of the court, in w hich D . KELLY THOMAS, JR., J., joined. JOSEPH M . TIPTON, P.J., filed a dissenting opinion.
D arrell W . Lunsford, Pikeville, Tennessee, Pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; and Rachel W est H armon, Assistant A ttorney G eneral, for the appellee, State of Tennessee.
O PINIO N

I. Factual Background
O n N ovember 15, 2007, the Petitioner filed a petition for a writ of habeas corpus, contending that as a result of his M arch 18, 1993 guilty plea to first degree murder, the trial court sentenced him to serve his life sentence at thirty percent, a sentence not authorized by statute. The Petitioner maintained that his sentence was therefore void.
The State filed a motion to dismiss the petition, alleging that the Petitioner failed to establish that the thirty percent release eligibility w as a

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