The Tennessee Court of Criminal Appeals has affirmed the denial of Marcus Anthony Pearson’s motion to correct an illegal sentence, upholding his total effective sentence of life plus twenty years for first-degree murder and attempted first-degree murder convictions.
In a decision released today, the appellate court, in an opinion delivered by Judge Kyle A. Hixson, ruled that Pearson’s sentence was not “illegal” and that the trial court properly denied his request for relief under Tennessee Rule of Criminal Procedure 36.1.
The ruling confirms that errors related to consecutive sentencing findings are considered “appealable errors” rather than “fatal errors” that would render a sentence void.
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Consecutive Sentencing Challenge Rejected
Pearson, who was convicted in 2007 for events that took place in 2006, initially received a life sentence for first-degree murder (into which two felony murder convictions were merged) plus two twenty-year sentences for attempted first-degree murder, to be served consecutively, totaling life plus twenty years.
On direct appeal in 2009, the appellate court affirmed his convictions but remanded the case for resentencing solely on the issue of consecutive sentences. The court found that the trial court failed to make the required Wilkerson findings—determinations that an extended sentence is necessary to protect the public and that the consecutive sentences reasonably relate to the severity of the offenses—to support classifying Pearson as a dangerous offender.
A resentencing hearing was held on December 3, 2009, where the trial court made the necessary, albeit “bare-bones,” Wilkerson findings to reimpose the consecutive sentences. Pearson’s latest pro se motion, filed in 2023, argued that the consecutive sentences remained illegal because a resentencing hearing was never held or, alternatively, that inadequate Wilkerson findings were made.
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Court Finds Previous Order Was Met
The Court of Criminal Appeals ultimately rejected Pearson’s arguments, finding:
- Resentencing Compliance: The trial court determined, and the appellate court agreed, that the 2009 resentencing hearing did take place and that the trial court made the requisite Wilkerson findings to support the consecutive sentences, thereby complying with the court’s prior remand order.
- Appealable vs. Fatal Error: Crucially, the court reaffirmed that a failure to make the required findings for consecutive sentencing (a Wilkerson violation) is merely an appealable error that must be challenged on direct appeal, not a fatal error that makes the sentence illegal or “void.” Rule 36.1 relief is available only for fatal errors.
Other Claims Waived or Without Merit
Pearson also argued that the trial court failed to set forth sufficient findings of fact and conclusions of law in its denial order, and that the amended judgment forms reflecting the sentence were not entered in a timely fashion.
The appellate court found the written order, issued in January 2025 by Davidson County Criminal Court Judge Khadija L. Babb, was sufficient to meet the rule’s requirements.
Furthermore, the court considered the claim regarding the untimely entry of amended judgment forms in 2013 (four years after resentencing) to be waived as it was not properly raised by his counsel in the trial court. It noted in passing that the untimely filing did not alter Pearson’s sentence and therefore did not constitute a fatal error that would justify correcting the sentence.
The decision, which was joined by Presiding Judge Robert W. Wedemeyer and Judge Robert L. Holloway, Jr., affirmed the trial court’s judgment.
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