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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs July 22, 2008 MICHAEL J. FLOYD v. CHERRY LINDAMOOD, WARDEN
Appeal from the Circuit Court for Wayne County No. 14345 Jim T. Hamilton, Judge

No. M2008-00409-CCA-R3-HC - filed Janaury 13, 2009

The pro se petitioner, Michael J. Floyd, appeals as of right the summary dismissal of his petition for a writ of habeas corpus by the Wayne County Circuit Court. The petitioner alleges that his conviction and resulting sentence for aggravated robbery is illegal and void due to an involuntary guilty plea. Following our review, we affirm the judgment of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court is Affirmed. D. KELLY THOMAS, JR., J., delivered the opinion of the court, in which DAVID H. WELLES and THOMAS T. WOODALL, JJ., joined. Michael J. Floyd, Clifton, Tennessee, Pro Se. Robert E. Cooper, Jr., Attorney General & Reporter; and Rachel E. Willis, Assistant Attorney General, attorneys for appellee, State of Tennessee. OPINION The record reflects that on July 12, 2006, the petitioner entered a guilty plea to aggravated robbery and was sentenced to eight years on probation to be served consecutive to "the case that the [petitioner was] on parole for." On July 18, 2006, the trial court entered an amended judgment reflecting that the eight year sentence would be served in the custody of the Department of Correction rather than on probation. On October 9, 2007, the petitioner filed a petition for a writ of habeas corpus alleging that his conviction and sentence were void as the result of an involuntary guilty plea. He claimed that he entered the guilty plea based upon the "promise from . . . [the] district attorney general for lenient treatment," i.e., a sentence of eight years probation. The petitioner further claims that the trial court revoked his probationary sentence without a finding that he had violated the terms of his probation.

ANALYSIS Tennessee law provides that "[a]ny person imprisoned or restrained of his liberty under any pretense whatsoever . . . may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment." Tenn. Code Ann.

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