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Reeves v. State

Court of Criminal Appeals of Tennessee, Nashville

January 3, 2018

CALVIN REEVES
v.
STATE OF TENNESSEE

          Assigned on Briefs October 17, 2017

         Appeal from the Criminal Court for Putnam County No. 11-0063 David A. Patterson, Judge

         Defendant, Calvin Reeves, appeals the trial court's entry of amended judgment forms, without notice to him, which removed pretrial jail credit from two of his three consecutive sentences. He claims those credits were part of his negotiated plea agreement. Based upon our review of the record, the triplicate award of pretrial jail credit was a clerical error such that the trial court had the authority to amend the judgments under Tennessee Rule of Criminal Procedure 36. However, the amended judgment form for Count One still contains a clerical error when compared with the actual pretrial jail credit awarded during the plea submission hearing. Therefore, we affirm the trial court's judgments in part, reverse in part, and remand for the entry of a corrected judgment form on Count One.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed in Part, Reversed in Part, and Remanded

          Calvin Reeves, Whiteville, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Bryant C. Dunaway, District Attorney General; and Victor Gernt, Assistant District Attorney General, for the appellee, State of Tennessee.

          Timothy L. Easter, J., delivered the opinion of the court, in which D. Kelly Thomas, Jr., and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          TIMOTHY L. EASTER, JUDGE

         In late February and early March of 2009, the Putnam County Sheriff's Department conducted several undercover operations targeting Defendant in the sale of cocaine. On three separate occasions, an undercover officer and a confidential informant purchased just under one gram of cocaine from Defendant, and each transaction occurred within 1000 feet of Cookeville High School. On January 9, 2012, Defendant, a career drug offender, pled guilty as a Range II, multiple offender to three counts of selling more than .5 grams of cocaine, without the school zone enhancement, in exchange for a total effective sentence of thirty years and the dismissal of other pending charges.[1] During the plea hearing, the following colloquy transpired:

[Counsel for the State]: With respect to one observation you had, just to make sure it's on the record is, that [Defendant] understands, as well as counsel, to make clear that he is receiving pretrial jail credit that predates, that goes considerably back, I think it's back to May or June of 2010.
Defendant: Correct.
[Counsel for the State]: If I'm not mistaken. And that will be applied, the judgments will reflect that that applies to each of these three offenses. I just want to make sure he understands, the State agrees to this, although the dates themselves, that he's getting credit for, predate his being essentially served the pick-up [sic] indictment in this matter. It is, that it's by agreement, and the State understands, he had been in custody on those other cases, and the State is going to make sure that he receives that credit.
[Counsel for Defendant]: And that would be 572 days[2] on each of ...

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