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IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs July 20, 2000 LARRY SIMPSON v. DONAL CAMPBELL, COMMISSIONER ET AL.
Appeal from the Chancery Court for Davidson County No. 99-1631-I Irvin H. Kilcrease, Jr., Chancellor

No. M2000-00218-COA-R3-CV - Filed January 30, 2001

Larry Simpson, a prison inmate, appeals the dismissal by the trial court of his Petition for Declaratory Judgment asserting that he was entitled to mandatory parole under former Tennessee Code Annotated Section 40-3614 and Tennessee Code Annotated Section 40-20-115. We affirm the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed WILLIAM B. CAIN , J., delivered the opinion of the court, in which BEN H. CANTRELL , P.J., M.S. and PATRICIA J. COTTRELL , J., joined. Larry Simpson, Nashville, Tennessee, Pro Se. Michael L. Haynie and Terri Leigh Bernal, Nashville, Tennessee, for the appellee, Donal Campbell. OPINION Larry Simpson was convicted of murder in the first degree in April 1980 and was sentenced to life in prison. On June 8, 1999, Simpson sued for declaratory judgment asserting that he was entitled to mandatory parole. He maintains that his case is governed by former Tennessee Code Annotated Sections 40-3612 and 40-3614 as these statutes existed at the time of the murder in 1979 and of his sentencing in 1980. Defendant Commissioner filed a T.R.Civ.P. Rule 12.02(6) motion to dismiss for failure to state a claim upon which relief could be granted. The trial court granted the motion to dismiss on January 7, 2000, and Simpson timely appealed. In dismissing this case, the trial court held in part: Petitioner contends that he is entitled to mandatory parole pursuant to the statute in effect at the time of his sentencing, Tenn. Code Ann.

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