Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs June 19, 2019
from the Criminal Court for Davidson County No. 2014-I-651
Seth W. Norman, Judge.
Christopher Colligan, appeals following the trial court's
revocation of his eight-year community corrections sentence.
Defendant contends that the trial court erred by failing to
award sentencing credit for his time served in the community
corrections program from June 27, 2014, to March 29, 2017,
and from October 4, 2017, to April 27, 2018. Following a
thorough review, we affirm the judgment of the trial court,
as modified, and remand for entry of an amended judgment
awarding sentencing credits from October 4, 2017, to April
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Court Affirmed as Modified; Case Remanded.
Martesha L. Johnson; District Public Defender; and Jeffrey A.
DeVasher (on appeal) and Tanner Gibson (at hearing),
Assistant District Public Defenders, for the appellant,
Herbert H. Slatery III, Attorney General and Reporter;
Zachary T. Hinkle, Assistant Attorney General; Glenn Funk,
District Attorney General; and Paul DeWitt, Assistant
District Attorney General, for the appellee, State of
L. Holloway, Jr., J., delivered the opinion of the court, in
which John Everett Williams, P.J., and D. Kelly Thomas, Jr.,
L. HOLLOWAY, JR., JUDGE.
27, 2014, Defendant pled guilty to sale of a Schedule I
controlled substance in the Criminal Court for Davidson
County. Pursuant to a plea agreement, the trial
court sentenced him as a Range I standard offender to an
eight-year sentence to be served on community corrections.
The trial court further ordered that Defendant complete the
residential program of the Davidson County Drug Court. It
appears from the record that Defendant remained in custody
from the time of his arrest on April 28, 2014, until October
3, 2014, when a bed became available for him at the
in-patient treatment facility. On August 23, 2016, based on
"the recommendation of the Community Corrections Program
of Davidson County to transfer  Defendant . . . from the
Davidson County Community Corrections Program to Probation
Supervision," the trial court entered an order finding
that Defendant had "successfully complied with the rules
and regulations of the Tennessee Community Corrections Act
and the Davidson County Community Corrections Program"
and transferring Defendant "to Field Services, Tennessee
Department of Correction and under supervised
probation." The trial court ordered Defendant to
"abide by the rules and regulation of the Field
Services, Tennessee Department of Correction."
March 29, 2017, the trial court issued a "Violation of
Probation" warrant ("the first violation
warrant"). The affidavit upon which the first violation
warrant was based alleged that Defendant had violated the
terms of his probation by using cocaine, heroin, and
Roxicodone. The first violation warrant was served on
Defendant on June 8, 2017. Following a hearing on September
6, 2017, during which Defendant conceded the violation, the
trial court took the matter under advisement and reset the
case to October 4, 2017. On that date, the trial court found
that Defendant had violated the terms and conditions of
probation and announced:
. . . I'm [going to] tell you what the deal is, it's
a two-way deal. [Defendant] can either go serve his time or
he can waive every minute and every second of street time and
jail time he's got, and start an [eight]-year sentence on
Community Corrections all over again. That's the deal.
You better take him back there and explain to him what
he's fixing to do to himself, if he agrees to the deal.
Because if he walks back in this program, he's [going to]
serve the whole eight years. You better take him back there
and talk to him. That's the only way I'll even
consultation with counsel, Defendant announced that he would
"like to restart his eight-year sentence[.]" The
trial court revoked Defendant's sentence and ordered that
Defendant be placed back on community corrections for eight
years. An amended judgment ("the first amended
judgment") entered on October 4, 2017, indicated that
Defendant's eight-year sentence was revoked to
time-served and that his sentence was "restarted"
on community corrections. The first amended judgment also
reflected that Defendant would "not receive any credit
for time in community corrections ('street
time')[.]" Defendant did not appeal from this
six months later, on April 27, 2018, the trial court issued a
warrant for a "Violation of Community Corrections
Program" based upon allegations that Defendant
"tested positive for [a]mphetamine and [h]eroin . . .
and admitted to using [h]eroin" ("the second
violation warrant"). On May 16, 2018, the trial court
issued an amended warrant for a "Violation of Community
Corrections Program," following allegations that
Defendant failed to report and was "now considered an
absconder" ("the third violation warrant").
The warrants were served on Defendant on May 18, 2018.
hearing on the second and third violation warrants was
conducted on July 11, 2018. Defendant made an oral motion for
the trial judge to recuse himself based upon comments the
trial judge allegedly made about Defendant in a meeting
between defense counsel, the prosecutor, and the trial judge
in the judge's chambers prior to the start of the
hearing. The trial court denied the ...