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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE
Assigned on Briefs November 18, 2003 RAYMOND RUTTER v. STATE OF TENNESSEE
Appeal from the Criminal Court for Johnson County No. 4175 Lynn W. Brown, Judge

No. E2003-01386-CCA-R3-PC

The petitioner, Raymond Rutter, appeals as of right from the Johnson County Criminal Court's dismissal of his petition for habeas corpus relief. In this pro se appeal, the petitioner contends that he should be granted habeas corpus relief because his judgment of conviction for criminal impersonation of a licensed professional is void. The state contends that the trial court properly dismissed the petition. We affirm the trial court's dismissal of the petition. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed JOSEPH M. TIPTON , J., delivered the opinion of the court, in which JERRY L. SMITH and ROBERT W. WEDEMEYER, JJ., joined. Raymond Rutter, Mountain City, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and J. Brad Scarbrough, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION On May 1, 2002, the petitioner pled guilty to criminal impersonation of a licensed professional, a Class E felony. The Carter County Criminal Court sentenced the petitioner to eight years, to be served as two years in the Department of Correction, the remainder on probation. On September 18, 2003, this court denied the state's request to dismiss this habeas corpus petition by order pursuant to Rule 20, Tenn. Ct. Crim. App. R. See Raymond Rutter v. Howard Carlton and State, No. E2003-01386-CCA-R3-PC, Johnson County (Tenn. Crim. App. Sept. 18, 2003) (order). The gist of the petitioner's claim on appeal is that his sentence for criminal impersonation of a licensed professional is void because (1) the presentment was defective and (2) his double jeopardy rights were violated.

The trial court may summarily dismiss a petition for writ of habeas corpus relief when the petitioner does not state a cognizable claim. Passarella v. State, 891 S.W.2d 619, 627 (Tenn. Crim. App. 1994). A petition for the writ of habeas corpus may only be brought if the judgment is void or the sentence has expired. Archer v. State, 851 S.W.2d 157, 164 (Tenn. 1993). However, if the claimed illegality renders the judgment or sentence voidable, rather than void, no relief can be granted. Id. at 161. "If the face of the record shows that the court did not have jurisdiction, then the judgment is void." Dykes v. Compton, 978 S.W.2d 528, 529 (Tenn. 1998). Thus, we examine the record to determine whether it is void. The petitioner pled guilty to the charge of criminal impersonation of a licensed professional. The petitioner first asserts that his conviction is void because the presentment failed to allege that he did not have the requisite license and, therefore, he was not given notice of the charges against him. T.C.A.

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