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Skyla Sepeda Smith v. Cherry Lindamood, Warden, and State of Tennessee
State: Tennessee
Court: Court of Appeals
Docket No: M2003-01872-CCA-R3-HC
Case Date: 07/07/2004
Plaintiff: Skyla Sepeda Smith
Defendant: Cherry Lindamood, Warden, and State of Tennessee
Preview:IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs June 9, 2004

SKYLA SEPEDA SMITH v. CHERRY LINDAMOOD, WARDEN, and
STATE OF TENNESSEE

Appeal from the Criminal Court for Davidson County
No. 3377 J. Randall Wyatt, Judge

No. M2003-01872-CCA-R3-HC - Filed July 7, 2004
The petitioner, Skyla Sepeda Smith, filed a petition for habeas corpus relief in the Davidson County Criminal Court.  In the petition she alleged that the conviction she received after pleading guilty to one count aggravated child abuse is illegal and void because a conflict between the guilty plea and the judgment effectively resulted in an illegal sentence.  The Davidson County Criminal Court dismissed the petition.  Because the petitioner does not present a cognizable claim for habeas corpus relief, we affirm the dismissal of the petition.  

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Trial Court is Affirmed
JERRY L. SMITH, J., delivered the opinion of the court, in which JOE G. RILEY and ALAN E. GLENN, JJ., joined.
John C. Ford, Nashville, Tennessee, for the appellant, Skyla Sepeda Smith.
Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Kathy Morante, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION
Factual Background
The petitioner was indicted in 1998 on charges of especially aggravated kidnapping, aggravated child abuse, aggravated assault, and child abuse and neglect.  Pursuant to a plea agreement with the State, the petitioner pled guilty to one count of aggravated child abuse, as a Class B felony, and received a twelve-year sentence.  The plea agreement reflects the sentence as
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