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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON
Assigned on Briefs December 6, 2011 TRACY LYNN HARRIS V. STATE OF TENNESSEE
Direct Appeal from the Circuit Court of Carroll County No. 20CR1470 Donald E. Parish, Judge

No. W2011-01578-CCA-R3-PC - Filed December 21, 2011

The Petitioner pled guilty in March 2000 to charges of first degree murder and aggravated rape. He accepted a sentence of life without the possibility of parole for the first degree murder conviction and a concurrent twenty-year sentence for the aggravated rape conviction. The Petitioner filed a petition for post-conviction relief following the entry of an amended judgment order of conviction imposing community supervision for life for the aggravated rape conviction. The post-conviction court summarily denied relief. This appeal followed. We affirm the judgment of the post-conviction court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed J EFFREY S. B IVINS, J., delivered the opinion of the Court, in which N ORMA M CG EE O GLE and A LAN E. G LENN, JJ., joined. Tracy Lynn Harris, Wartburg, Tennessee, pro se. Robert E. Cooper, Jr., Attorney General & Reporter; Nicholas W. Spangler, Assistant Attorney General; for the appellee, State of Tennessee. OPINION Factual and Procedural Background Tracy Lynn Harris ("the Petitioner") pled guilty in March 2000 to first degree felony murder and aggravated rape committed in 1998. The State filed a notice of intent to seek the death penalty but later entered into a plea agreement with the Petitioner. The plea agreement provided for a sentence of life imprisonment without the possibility of parole on the murder charge and a concurrent sentence of twenty years on the aggravated rape charge. Two other

charges were nolle prossed. The trial court accepted the plea and entered the applicable judgment orders. However, the original judgment order on the aggravated rape conviction did not provide that the Petitioner was also sentenced to community supervision for life.1 On November 17, 2000, the Petitioner filed pro se a petition for post-conviction relief alleging an unconstitutional plea and ineffective assistance of counsel. The post-conviction court summarily dismissed the petition for failure to assert a colorable claim because the petition set forth no facts in support of the alleged constitutional violations. The Petitioner sought no appeal from this decision. The Petitioner then filed for habeas corpus relief on July 13, 2006, on the basis that the judgment on his aggravated rape conviction was illegal because of the sentencing omission. He contended that he was entitled to withdraw his plea as a result of the illegality. The habeas corpus court denied the petition but remanded the matter to the convicting court "for entry of an amended judgment on the petitioner's aggravated rape conviction, No. 20CR1470, so as to direct a sentence of community supervision for life, pursuant to Tenn. Code Ann.

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