Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs January 14, 2015
Appeal from the Circuit Court for Rutherford County Nos. F55903, F55904, F55905 David M. Bragg, Judge
Mark L. Kent, Murfreesboro, Tennessee, for the appellant, James Cauley.
Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Shawn Puckett, Assistant District Attorney General, for the appellee, the State of Tennessee.
Thomas T. Woodall, P.J., delivered the opinion of the Court, in which Robert W. Wedemeyer and Robert L. Holloway, Jr., JJ., joined.
THOMAS T. WOODALL, PRESIDING JUDGE
The appellate record in this case shows the following chronological list of pertinent events:
(1) After being placed on probation to serve the effective nine-year sentence on August 17, 2005, Defendant was served with a probation violation warrant in April 2006. He was incarcerated 26 days on this probation violation warrant and was released and reinstated to his original probation sentence on April 27, 2006.
(2) A new probation violation warrant was issued in June 2006, and amended violation warrants were issued in July 2006 and August 2006. Neither the June 2006 violation warrant nor either of the amendments to that warrant are included in the record. Defendant's counsel stated at the first hearing that these probation violation warrants "are in the file, " but they were never made exhibits.
(3) On November 28, 2011, the June, July, and August 2006 probation violation warrants were dismissed by the trial court's summary dismissal in an order wherein it is handwritten that, "Defendant is in federal custody and shall remain for the next year. The Defendant[']s VOPs are hereby dismissed without costs."
(4) Defendant was taken into custody by federal authorities in August 2006 awaiting disposition of federal charges. He pled guilty to federal charges on August 28, 2007, and received a sentence of 113 months' incarceration.
(5) Defendant was transferred from a federal holding facility in Nashville to a federal prison in Indiana on September 7, 2007. The State had filed a "Writ of Habeas Corpus" to have Defendant transferred from Nashville to Rutherford County in order to address the pending probation violation warrants from June, July, and August 2006. This writ was filed by the State on September 6, 2007. There is nothing in the record to indicate the disposition of the writ or whether it was served.
(6) At the probation revocation proceedings, Defendant's counsel announced in open court that Defendant was on bond for the June and July 2006 probation violation warrants at the time he was taken into federal custody on August 15, 2006. Defendant's counsel also announced, regarding the August 2006 probation violation warrant, it "[does] not show a return, " i.e., it had not been served on Defendant prior to the time he was taken into federal custody.
(7) Defendant was released from federal incarceration in March 2012 and thereupon resumed serving his state ...