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State v. Pope

Court of Criminal Appeals of Tennessee, Nashville

March 8, 2018

STATE OF TENNESSEE
v.
PATRIC POPE

          Assigned on Briefs November 14, 2017

         Appeal from the Circuit Court for Maury County Nos. 16944, 16945 Stella L. Hargrove, Judge

         The pro se Defendant, Patric Pope, appeals from the trial court's denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our review, we affirm the judgment of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed

          Patric Pope, Nashville, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; and Brent A. Cooper, District Attorney General, for the appellee, State of Tennessee.

          Alan E. Glenn, J., delivered the opinion of the court, in which John Everett Williams and Norma McGee Ogle, JJ., joined.

          OPINION

          ALAN E. GLENN, JUDGE.

         FACTS

         On November 19, 2008, the Defendant entered an open Alford guilty plea in the Maury County Circuit Court in case number 16945 to aggravated robbery, with the sentencing to be determined by the trial court. The guilty plea agreement reflects that the State recommended that the Defendant be sentenced concurrently with his eleven-year sentence in case number 16944. Also included on the guilty plea agreement was the notation: "Defendant receives jail credit starting at 8/2/06 reserved until sentencing[.]"

         At sentencing, the trial court rejected the State's recommendation of concurrent sentencing and sentenced the Defendant to ten years in the Department of Correction, to be served consecutively to his eleven-year sentence in case number 16944. The judgment form for case number 16945 reflects jail credits from August 2, 2006, through June 26, 2008. The judgment form for count one of case number 16944 also reflects jail credits from August 2, 2006, through June 26, 2008, the date that the judgments in case number 16944 were entered.

         On April 18, 2017, the Defendant filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. In his motion, the Defendant alleged that he had not received all the jail credits listed in his judgments. He further asserted that the jail credits were a material part of his plea agreement and that, if not awarded all the jail credits reflected in his judgments, he should be allowed the opportunity to withdraw his guilty plea.

         On May 4, 2017, the trial court entered an order in which it granted the Defendant's motion to the extent of ordering an amended judgment in case number 16945 "to reflect no pretrial jail credits." The court noted that it had exercised its discretion in rejecting the State's sentencing recommendation and had ordered the Defendant's ten-year sentence in case number 16945 to be served consecutively to his eleven-year ...


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