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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE
May 22, 2001 Session JOHN CLARK GARRISON V. STATE OF TENNESSEE
Appeal from the Criminal Court for Knox County No. 69737 Julian Guinn, Judge by Designation

No. E2000-00858-CCA-R3-PC September 4, 2001 Petitioner, John Clark Garrison, filed a petition for post-conviction relief attacking his two convictions for theft of property over the value of $10,000.00 but less than $60,000.00. Petitioner was represented by counsel who filed the petition for post-conviction relief on his behalf. The State filed a response to the petition. The trial court dismissed the petition without an evidentiary hearing, finding that all of the issues were either previously determined, waived, insufficient to assert specific allegations of ineffective assistance of counsel, or presented no question of constitutional deprivation. We affirm the judgment of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed THOMAS T. WOODALL , J., delivered the opinion of the court, in which GARY R. WADE, P.J., and ROBERT W. WEDEMEYER , J., joined. Gregory P. Isaacs, Knoxville, Tennessee for the appellant, John Clark Garrison. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; Randall E. Nichols, District Attorney General; and C. Leon Franks, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION We have reviewed the appellate record in this particular case, the opinions involving this case in three prior appeals, and have taken judicial notice of the appellate record in the case of State v. John Clark Garrison, No. 03C01-9601-CR-00050, 1998 WL 300587, at *2-3, Knox County (Tenn. Crim. App., Knoxville, June 10, 1998), perm. to app. denied (Tenn. 1999) (concurring in results only), as per a previous order of this court filed as a result of a motion by Petitioner to supplement the record in this case. In the petition for post-conviction relief filed by Petitioner's retained counsel in this proceeding, he alleged five grounds for post-conviction relief. In his first ground, the Petitioner

alleges that his constitutional rights to due process were violated when the trial court ordered an illegal sentence which was void ab initio. For the two convictions of theft, Petitioner was given sentences of incarceration and ordered to pay restitution. He was sentenced in September 1995. The Petitioner argues that at the time he was sentenced, the law did not allow for a Defendant to be required to pay restitution unless it was in conjunction with a sentence of probation. Compare Tenn. Code Ann.

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