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· 1/25/2024

State of Tennessee v. Robert Winters

Syllabus

Robert Winters, Defendant, appeals from the dismissal of a motion filed under Rule 36.1 of the Tennessee Rules of Criminal Procedure. In the motion, he challenged his sentence for aggravated robbery, stemming from State v. Winters, 137 S.W.3d 641 (Tenn. Crim. App. 2003), perm. app. denied (Tenn. Mar. 22, 2004). After a thorough review, we determine that Defendant failed to state a colorable claim for relief, attempted to challenge a sentence that was already expired, and raised claims that were previously determined. Accordingly, we affirm the judgment of the trial court.

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  • before considering new issue on appeal, opposing party should have had an opportunity to dispute the facts
  • before considering new issue on appeal, opposing party should have had an opportunity to dispute the facts
  • same as Quality Auto Body

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