State of Tennessee v. Antonio L. Fuller
CourtCourt of Criminal Appeals of Tennessee
Date FiledAugust 28, 2026
DocketM2026-00212-CCA-R3-CD
JudgeJudge Tom Greenholtz
StatusPublished
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Full Opinion
08/28/2026
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs July 15, 2026
STATE OF TENNESSEE v. ANTONIO L. FULLER
Appeal from the Criminal Court for Davidson County
No. 2001-A-276 Angelita Blackshear Dalton, Judge
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No. M2026-00212-CCA-R3-CD
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In May 2002, a Davidson County jury convicted the Defendant, Antonio L. Fuller, of six
offenses arising from a home invasion. The trial court imposed a total effective sentence
of fifty-six years. In December 2025, the Defendant filed a pro se motion seeking to correct
alleged clerical errors and omissions in his judgments pursuant to Tennessee Rule of
Criminal Procedure 36. He argued that the judgments did not accurately reflect how his
sentences were to be aligned and that, in his view, the misalignment resulted in an effective
sentence longer than the one the trial court actually imposed. The trial court summarily
denied the motion, and the Defendant appealed. Upon our review, we respectfully affirm
the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right;
Judgment of the Criminal Court Affirmed
TOM GREENHOLTZ, J., delivered the opinion of the court, in which CAMILLE R. MCMULLEN
and JILL BARTEE AYERS, JJ., joined.
Antonio L. Fuller, Hartsville, Tennessee, Pro Se.
Jonathan Skrmetti, Attorney General and Reporter; William C. Lundy, Assistant Attorney
General; Glenn R. Funk, District Attorney General; and Jan Norman, Assistant District
Attorney General, for the appellee, State of Tennessee.
OPINION
FACTUAL BACKGROUND
In this appeal, the Defendant challenges whether his judgments of conviction
accurately reflect the original sentence imposed. In particular, the Defendant asserts that
the judgments do not reflect that one of his convictions should be aligned consecutively to
another sentence as he believes the trial court actually ordered.
As background for this issue, the Defendant was convicted in May 2002 of six
separate offenses arising out of a home invasion in Davidson County. See State v. Fuller,
172 S.W.3d 533 (Tenn. 2005) (affirming convictions), overruled by State v. White, 362
S.W.3d 559 (Tenn. 2012). Following the sentencing hearing, the trial court entered
judgments reflecting an effective sentence of fifty-six years, with the sentences aligned as
follows:
More specifically, the written judgments of conviction reflected the following information:
x Count 1 (aggravated burglary): 10 years, consecutive to a prior case.
x Count 2 (aggravated robbery): 18 years, concurrent with Count 1.
x Count 3 (especially aggravated kidnapping): 35 years, consecutive to Count
1, concurrent with Count 2.
x Count 4 (especially aggravated kidnapping): 35 years, consecutive to Count
1, concurrent with Count 2 and Count 3.
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x Count 5 (evading arrest): 7 years, consecutive to Counts 1-4.
x Count 6 (reckless endangerment): 4 years, consecutive to Counts 1-5.
The trial court noted the effective sentence length of fifty-six years in the special conditions
box on all six judgments.
At the earlier sentencing hearing, the trial court orally announced how the sentences
for the six convictions would align. In relevant part, the court announced that Counts 3
and 4 would run concurrently, but each would run consecutively to Count 1. In its
announcement, however, the trial court did not specifically address how Count 2 would
align with the other counts, though the written judgments aligned it concurrently with
Count 1 and with Counts 3 and 4.
Two decades later, the Defendant filed a pro se motion in the trial court seeking to
correct alleged clerical errors in the judgment forms. In his motion, the Defendant alleged
that the concurrent alignment of Counts 1 and 2 was in error and resulted from the court
reporter incorrectly transcribing the trial court’s sentencing announcement. He argued that
the transcript, properly construed, aligned Count 2 consecutively with Count 1 and
concurrently with Counts 3 and 4. He therefore asked the trial court to correct the Count
2 judgment form to reflect a consecutive alignment with Count 1 and a concurrent
alignment with Counts 3 and 4.
The trial court summarily dismissed the Defendant’s motion. In its order, the trial
court acknowledged that the record of the sentencing hearing did not address how Count 2
should be aligned with Count 1. Noting, however, that Tennessee Rule of Criminal
Procedure 32(c)(1) presumes that a sentence is deemed to be concurrent unless specifically
ordered otherwise, the trial court concluded that the Count 2 sentence runs concurrently
with Count 1 by default. It therefore held that the judgments accurately reflected the oral
announcement at the sentencing hearing and that the Defendant had failed to show the
presence of a clerical error.
The trial court entered its order on January 16, 2026. The Defendant filed a timely
notice of appeal twenty-seven days later. See Tenn. R. App. P. 4(a).
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STANDARD OF APPELLATE REVIEW
For every issue raised on appeal, we must first determine the proper standard of
appellate review. See State v. Enix, 653 S.W.3d 692, 698 (Tenn. 2022). In this case, the
sole issue is whether the trial court properly denied the Defendant’s motion to correct an
alleged clerical error in his judgments pursuant to Tennessee Rule of Criminal Procedure
36. “A trial court’s grant or denial of a Rule 36 motion to correct a clerical error is reviewed
for an abuse of discretion.” State v. Hancock, No. M2025-00330-CCA-R3-CD, 2025 WL
3552776, at *2 (Tenn. Crim. App. Dec. 11, 2025), no perm. app. filed.
ANALYSIS
In support of his single issue, the Defendant raises two arguments. First, he asserts
that the judgment for Count 2 should be corrected to reflect that it runs consecutively, rather
than concurrently, with Count 1. Second, he asserts that the Count 2 judgment omits any
reference to Counts 3 and 4. According to the Defendant, that omission caused correctional
officials to miscalculate his sentence, treating the Count 2 sentence as a separate, additional
eighteen years, rather than as time already included within the fifty-six-year total. This
calculation, he asserts, produced an effective sentence of seventy-four years rather than the
fifty-six years the trial court imposed.
The State responds that the six judgment forms, read together, accurately reflect the
fifty-six-year effective sentence announced at the sentencing hearing and that no clerical
error exists. We agree with the State.
A. C ORRECTION OF C LERICAL E RRORS IN J UDGMENTS
Tennessee Rule of Criminal Procedure 36 permits a trial court to correct “clerical
mistakes in judgments, orders, or other parts of the record, and errors in the record arising
from oversight or omission” at any time. See Tenn. R. Crim. P. 36. Clerical errors “arise
simply from a clerical mistake in filling out the uniform judgment document.” State v.
Wooden, 478 S.W.3d 585, 595 (Tenn. 2015). Where a trial court fails, by reason of clerical
mistake, oversight, or omission, to record a defendant’s sentence accurately on a judgment,
the trial court retains the power to correct the error under Rule 36. State v. Brown, 479
S.W.3d 200, 213 (Tenn. 2015). To determine whether a judgment contains a clerical error,
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a court ordinarily must compare the judgment with the transcript of the trial court’s oral
statements. In the event of a conflict, the transcript is controlling. Id.
B. C OUNT 2’ S A LIGNMENT R ELATIVE TO C OUNT 1
The Defendant first argues that the judgments do not reflect the correct alignment
of Count 2 with Count 1 as announced at the sentencing hearing. At that hearing, the court
did not specifically address how the Defendant’s sentence in Count 2 would align with his
sentence in Count 1. Thus, the court was effectively silent on how these sentences aligned.
Tennessee Rule of Criminal Procedure 32(c)(1) resolves this silence: all sentences
are deemed to be concurrent unless the record affirmatively shows that sentences are
ordered to run consecutively. See Tenn. R. Crim. P. 32(c)(1). Because the record does not
affirmatively show that the trial court ordered Count 2 to run consecutively to Count 1, the
two sentences are aligned concurrently by operation of law. As such, the concurrent
alignment of Count 2 with Count 1 in the judgments reflects the actual sentence imposed.
No clerical error exists in this regard.
Pushing against this conclusion, the Defendant offers two arguments. First, he
points to the transcript from the sentencing hearing discussing how Count 1 was aligned
with his other sentences. There the trial court said, “I’m going to run the Aggravated
Burglary charge [Count 1] and the Aggravated—Especially Aggravated Kidnapping charge
[Counts 3 and 4] consecutive to each other[.]” The Defendant contends that the court’s
reference to “the Aggravated—” signaled that it aligned the Aggravated Robbery sentence
in Count 2 consecutively to Count 1.
We respectfully disagree. The transcript of the sentencing hearing does not
affirmatively show that the trial court aligned Count 2 consecutively to Count 1; rather, it
reflects only an incomplete phrase before the court’s discussion of Counts 3 and 4.
Although the Defendant asks us to infer that the court reporter erred in not fully transcribing
what the trial court said, he has not supplied any evidence to support that inference. He
has not, for example, supplied the audio recordings of the sentencing hearing or any other
evidence that the transcript does not accurately reflect what was said in open court.
Because the Defendant has the burden to provide a record that supports his claim, we
cannot grant relief on this basis. See State v. Stack, 682 S.W.3d 866, 876 (Tenn. Crim. App.
2023).
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Second, the Defendant points to a statement the trial court made while sentencing a
co-defendant in the same proceeding. There, the court remarked that every one of his
sentences “are going to run consecutive to each other.” In the Defendant’s view, this
statement reflects the trial court’s practice of ordering a defendant’s sentences to run
consecutively. He contends this practice supports the same reading as to Count 2 in his
own case.
We again respectfully disagree. The trial court’s sentencing decision as to the co-
defendant was individualized to that person and says nothing about the Defendant’s own
sentence. Indeed, it is worth noting that the trial court did not run “every one” of the
Defendant’s own sentences consecutively; it ordered Counts 3 and 4 to be served
concurrently with each other. As such, absent an affirmative showing in the record that
Count 2 was ordered to be served consecutively to Count 1, those sentences are deemed to
be concurrent. See Tenn. R. Crim. P. 32(c)(1). The Defendant is not entitled to relief on
this ground.
C. C OUNT 2’ S A LIGNMENT R ELATIVE TO C OUNTS 3 AND 4
The Defendant separately contends that the judgment for Count 2 omits any
reference to its alignment with Counts 3 and 4 and that this omission should be corrected
pursuant to Rule 36. The State responds that the judgments for Counts 3 and 4
independently provide that they are aligned concurrently with Count 2 and that the
judgment for Count 2 is not required to restate that information. We agree with the State.
Rule 36 permits correction of errors that arise “from oversight or omission.” See
also State v. Allen, 593 S.W.3d 145, 154 (Tenn. 2020) (recognizing that a court may “supply
omitted or overlooked information”). But the six judgments here, read together, contain
no omitted or overlooked information: Counts 3 and 4’s own judgment forms
independently and correctly state their concurrent alignment with Count 2. The absence of
a cross-reference on the Count 2 form does not itself create an omission requiring
correction.1
1
Similarly, the Defendant also argues in his reply brief that the judgment for Count 3 should
be corrected to show that its sentence is concurrent with that in Count 4. However, the judgment for Count
4 already shows that alignment, and the absence of a cross-reference in Count 3 does not create an omission
requiring correction.
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Nevertheless, the Defendant asserts that the Board of Parole has misconstrued the
alignment of the judgments because of the omitted information. Attached to his appellate
brief is a status letter from the Board, which he believes shows that Count 2 is misaligned
from Counts 3 and 4, thereby extending his overall term of imprisonment to seventy-four
years.
That letter does not appear anywhere in the technical record, and because it appears
only in the appendix to the Defendant’s brief, we may not consider it. See Dunigan v. State,
No. E2005-01574-CCA-R3-PC, 2006 WL 433699, at *3 (Tenn. Crim. App. Feb. 23, 2006)
(“[W]e note that documents attached to an appellate brief but not included in the record on
appeal cannot be considered by this court as part of the record on appeal.”), perm. app.
denied (Tenn. June 26, 2006). Nor do we have authority to consider the Defendant’s
characterization of how the Department of Correction may have calculated his sentence in
its administrative capacity.2
Even so, the law provides that a clerical error does not exist where the sentencing
calculation is clear and straightforward on the existing record. See State v. March, No.
M2018-00660-CCA-R3-CD, 2019 WL 1409354, at *3 (Tenn. Crim. App. Mar. 28, 2019)
(concluding no clerical error existed because “the sentencing calculation is very clear and
straight forward”), perm. app. denied (Tenn. July 17, 2019). That principle is true here:
the judgment forms and the trial court’s oral announcement both provide for an
unambiguous fifty-six-year total effective sentence, with Count 2 aligned concurrently with
Count 1 and with Counts 3 and 4. Because the judgment forms, read together, accurately
reflect the sentence the trial court announced at the sentencing hearing, the trial court
properly denied the Defendant’s Rule 36 motion.
CONCLUSION
In summary, we hold that the judgment forms, read together, accurately reflect the
sentence the trial court announced at the sentencing hearing. Accordingly, we respectfully
2
To the extent the Defendant disputes how the Department of Correction has calculated his
release eligibility or sentence expiration date, that dispute is properly resolved under the Tennessee Uniform
Administrative Procedures Act, not this appeal. See Tenn. Code Ann. §§ 4-5-101 to -325 (2021); Stewart
v. Schofield, 368 S.W.3d 457, 459 (Tenn. 2012). We reach no determination as to those matters here.
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affirm the judgment of the trial court denying the Defendant’s motion to correct a clerical
error.
S/ Tom Greenholtz
TOM GREENHOLTZ, JUDGE
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