IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED JUNE 1997 SESSION August 15, 1997 Cecil W. Crowson Appellate Court Clerk DANNY JOE COLE, ) ) APPELLANT, ) ) No. 01-C-01-9608-CR-00333 ) ) Davidson County v. ) ) J. Randall Wyatt, Jr., Judge ) ) (Habeas Corpus) RICKY BELL, Warden, ) ) APPELLEE. )

FOR THE APPELLANT: FOR THE APPELLEE: Geoffrey Coston John Knox Walkup Attorney at Law Attorney General & Reporter 2813 West End Avenue 500 Charlotte Avenue Nashville, TN 37203 Nashville, TN 37243-0497 Daryl J. Brand Assistant Attorney General James Robertson Parkway Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General Washington Square, Suite 500 Second Avenue, North Nashville, TN 37201-1649 Katrin N. Miller Assistant District Attorney General Washington Square, Suite 500 Second Avenue, North Nashville, TN 37201-1649

OPINION FILED:________________________________

AFFIRMED PURSUANT TO RULE 20

Joe B. Jones, Presiding Judge OPINION

The appellant, Danny Joe Cole (petitioner), appeals as of right from a judgment of the trial court dismissing his suit for the writ of habeas corpus. While the trial court addressed the merits of the grounds set forth in the petition, the court concluded the judgment was at best voidable, not void, and the remedy of habeas corpus was not available to the petitioner to attack the sentences previously imposed. In this Court, the petitioner contends the Tennessee Criminal Sentencing Reform Act of 1989 violates Article II, Section 2, the Separation of Powers Clause, of the Tennessee Constitution; and the Act is inconsistent with the determinate sentencing provisions contained in the Act.

After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed pursuant to Rule 20, Rules of the Tennessee Court of Criminal Appeals.

_____________________________________________ JOE B. JONES, PRESIDING JUDGE

CONCUR:

______________________________________ WILLIAM M. BARKER, JUDGE

______________________________________ THOMAS T. WOODALL, JUDGE