Assigned on Briefs September 1, 2017
from the Chancery Court for Davidson County No. 14-1041-III
Ellen H. Lyle, Chancellor
an inmate in the custody of Appellee Tennessee Department of
Correction, appeals the trial court's dismissal of his
petition for declaratory judgment. Specifically, Appellant
challenges the Tennessee Department of Correction's
calculation of his jail credit on his criminal sentence. We
conclude that the calculation of Appellant's jail credit
comports with the judgment of the criminal court. Affirmed
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed and Remanded
Fredrick Sledge, Only, Tennessee, pro se.
Herbert H. Slatery, III, Attorney General and Reporter,
Andree Blumstein, Solicitor General, and Jennifer L. Brenner,
Senior Counsel, for the appellees, Tennessee Department of
Correction and State Attorney General.
Armstrong, J., delivered the opinion of the court, in which
Charles D. Susano, Jr. and W. Neal McBrayer, JJ., joined.
Sledge ("Appellant") is an inmate in the custody of
Appellee, the Tennessee Department of Correction
("TDOC"). On December 10, 1991, Mr. Sledge robbed
and murdered Johnny Harris. In November 1993, Mr. Sledge was
convicted of first degree murder, and especially aggravated
robbery arising from the robbery and murder of Mr. Harris.
Mr. Sledge received the death sentence for the murder charge
and was sentenced to twenty years in prison for the
especially aggravated robbery charge. Mr. Sledge appealed his
convictions for felony murder and especially aggravated
robbery. The Court of Criminal Appeals affirmed both
convictions, but reversed the death sentence and remanded for
resentencing. State v. Sledge, No.
02C01-9405-CR-00089, 1997 WL 730245 (Tenn. Crim. App., Nov.
25, 1997). The Tennessee Supreme Court affirmed. State v.
Sledge, 15 S.W.3d 93 (Tenn. 2000) (affirmed as
modified). Following remand, by order of August 9, 2001 the
criminal trial court resentenced Mr. Sledge to life
imprisonment with the possibility of parole for the first
degree murder conviction. These sentences were ordered to be
served consecutively to each other and consecutively to two
convictions for aggravated robbery.
16, 2014, Mr. Sledge filed a petition for declaratory
judgment in the Chancery Court for Davidson County
("trial court"), asserting that the TDOC violated
the law by not allowing him to meet with the Board of
Probation and Parole, and by not crediting him with 3, 521
days of pretrial jail credit, which he was awarded by the
criminal trial court in August 2001 when he was resentenced.
The TDOC filed a motion to dismiss for failure to state a
claim upon which relief could be granted. The TDOC supported
its motion with the affidavit of Candace Whisman, the
TDOC's Director of Sentence Management Services. The
trial court treated the TDOC's motion as a motion for
summary judgment and found in favor of Appellees. Mr. Sledge
appealed to this Court in Sledge v. Tenn. Dep't of
Cotr., No. M2014-02564-COA-R3-CV, 2015 WL 7428578 (Tenn.
Ct. App. Nov. 20, 2015) ("Sledge /"). In
Sledge I, we vacated the trial court's grant of
summary judgment, finding that there was a dispute of
material fact as to the number of pretrial jail credit days
due to Appellant. Specifically, the criminal trial
court's judgment stated that Mr. Sledge would receive 3,
521 days of pretrial jail credit, but the TDOC's Sentence
Management Services awarded him only 516 days of pretrial
remand, the Shelby County District Attorney's Office
filed, in the criminal trial court, a Motion to Correct
Clerical Mistake Without a Hearing Regarding Pretrial Jail
Credit in 92-04081. On April 19, 2016, the criminal court
trial judge, who signed the original order sentencing Mr.
Sledge to life on August 9, 2001, signed a "Corrected
Order" awarding Mr. Sledge pretrial jail credit of 211
days for the time period between December 18, 1991 and July
15, 1992. Subsequently, the TDOC filed a second affidavit
from Ms. Whisman, dated June 16, 2016, which stated that the
"[t]otal jail credit now applied to Case 9204081 life
sentence is 211 days for the time period of December 18, 1991
to July 15, 1992" On July 27, 2016, the trial court
entered a Memorandum and Order Closing Case Upon Carrying Out
Remand finding that the TDOC complied with this Court's
Sledge I Opinion and that the case was final. On
August 5, 2016, Mr. Sledge filed a Motion to Alter or Amend
Judgment, which the trial court denied by order of September
20, 2016. Mr. Sledge appeals.
raises three issues for review. However, we perceive that
there are two ...