Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs November 14, 2017
from the Circuit Court for Maury County Nos. 16944, 16945
Stella L. Hargrove, Judge
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
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.
E. Glenn, J., delivered the opinion of the court, in which
John Everett Williams and Norma McGee Ogle, JJ., joined.
E. GLENN, JUDGE.
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, 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
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.
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 ...