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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs September 19, 2001 MARTIN E. WALKER v. STATE OF TENNESSEE
Appeal from the Criminal Court for Davidson County No. 84-S-1157 J. Randall Wyatt, Jr., Judge

No. M2001-00328-CCA-R3-CO - Filed April 5, 2002

The petitioner, Martin E. Walker, appeals the trial court's dismissal of his motion to correct or modify his sentence. The judgment of the trial court is affirmed. Tenn. R. App. 3; Judgment of the Trial Court Affirmed GARY R. WADE, P.J., delivered the opinion of the court, in which DAVID G. HAYES and JERRY L. SMITH, JJ., joined. Martin E. Walker, Mountain City, Tennessee, pro se. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; and Dan Hamm, Assistant District Attorney General, for the appellee, the State of Tennessee. OPINION In April of 1986, the petitioner pled guilty to one count of second degree murder. In accordance with a plea agreement, the trial court imposed a sentence of twenty-five years. The judgment reflects that the sentence is consecutive to a life sentence the petitioner received in 1985. In August of 2000, the petitioner filed an application for a delayed appeal, claiming that the state had agreed to concurrent rather than consecutive terms. The appeal was denied. See Tenn. R. App. P. 13(c); Givens v. State, 702 S.W.2d 578, 579 (Tenn. Crim. App. 1985) (holding that this court may take judicial notice of its records on file). The petitioner then filed a "Petition to Correct or Modify Void Sentence" in the trial court. The trial court dismissed the petition, ruling that Rule 35 of the Tennessee Rules of Criminal Procedure and Tennessee Code Annotated section 40-35-212 prohibited modification of the sentence. This appeal followed the dismissal. There are three possible procedures for altering, modifying, or correcting a sentence. First, Tennessee Code Annotated section 40-35-212 governs the jurisdiction of trial courts in the imposition of sentences. While trial courts retain full jurisdiction over defendants awaiting transfer

to the Department of Correction, including those being housed in a local jail or workhouse, that jurisdiction continues only until "the defendant is actually transferred to the physical custody of the department." Tenn. Code Ann.

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