Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs July 25, 2017
from the Criminal Court for Knox County No. 107838 Bob R.
Defendant, Charles Timothy Krauss, alias, pled guilty to two
counts of theft of property valued at $10, 000 or more but
less than $60, 000 and received a total effective sentence of
ten years as a Range III, persistent offender. He applied for
but was denied probation. Additionally, the trial court
denied his request for pretrial jail credits for the time he
had spent in confinement in Mississippi. He filed a Tennessee
Rule of Criminal Procedure 33 motion requesting jail credits
for the period from January 9, 2013, to February 9, 2016.
According to the Defendant, he was entitled to the credits
because he had requested, pursuant to the Interstate Compact
on Detainers, that he be transferred to Tennessee to answer
to the Knox County charges. The trial court denied the
motion, and we affirm that denial.
R. App. 3 Appeal as of Right; Judgment of the Criminal Court
E. Stephens, District Public Defender; and Jonathan P.
Harwell (on appeal) and Christy A. Murray (at hearing),
Assistant Public Defenders, for the appellant, Charles
Timothy Krauss, alias.
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Charme P.
Allen, District Attorney General; and Sarah W. Keith,
Assistant District Attorney General, for the appellee, State
E. Glenn, J., delivered the opinion of the court, in which
Robert H. Montgomery, Jr., and J. Ross Dyer, JJ., joined.
E. GLENN, JUDGE.
27, 2016, the Defendant filed a motion pursuant to Tennessee
Rule of Criminal Procedure 33 asking that he be awarded jail
credits for the time he was incarcerated in Mississippi for a
conviction in that state before being returned to Tennessee
for resolution of the pending charges in Knox County. He
argued in that motion that he was entitled to the credits
because, while in custody in Mississippi, he had requested
that he be returned to Tennessee, which did not occur, and
that this delay had "affected the service of his
sentence in Mississippi as well as his eligibility for
release." Accordingly, in his view, the "time spent
in Mississippi therefore was related to the conviction in
[his Tennessee] case."
Code Annotated section 40-23-101(c) sets out when a defendant
is to be allowed jail credits:
The trial court shall, at the time the sentence is imposed
and the defendant is committed to jail, the workhouse or the
state penitentiary for imprisonment, render the judgment of
the court so as to allow the defendant credit on the sentence
for any period of time for which the defendant was committed
and held in the city jail or juvenile court detention prior
to waiver of juvenile court jurisdiction, or county jail or
workhouse, pending arraignment and trial. The defendant shall
also receive credit on the sentence for the time served in
the jail, workhouse or penitentiary subsequent to any
conviction arising out of the original offense for which the
defendant was tried.
the arguments of counsel regarding the Defendant's
motion, the ...