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State v. Jones

Court of Criminal Appeals of Tennessee, Jackson

July 16, 2019

STATE OF TENNESSEE
v.
ASHTON MONTRELL JONES

          Assigned on Briefs April 23, 2019

          Appeal from the Circuit Court for Hardeman County No. 12-CR-72 J. Weber McCraw, Judge

         Defendant, Ashton Montrell Jones, appeals from the trial court's order denying Defendant's Tennessee Rule of Criminal Procedure 36 motion ("Rule 36 motion") to correct a clerical error in a community corrections revocation order. The trial court summarily denied the motion without an evidentiary hearing on the sole basis of "lack of jurisdiction." Under the particular circumstances of this case, we reverse the trial court's order and remand to the trial court for proper consideration of the motion.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Reversed and Remanded

          Ashton Montrell Jones, Tiptonville, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Katharine K. Decker, Assistant Attorney General; and D. Michael Dunavant, District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, J., delivered the opinion of the court, in which Robert W. Wedemeyer and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          J. WEBER MCCRAW, JUDGE

         On April 12, 2012, Defendant pled guilty in the Circuit Court of Hardeman County to one count of aggravated burglary, one count of burglary, and one count of being a convicted felon in possession of a handgun. He received an effective sentence of seven years, to be served in community corrections after 180 days incarceration, decreased by 102 days of jail credit.

         From April 12, 2012 through the date of the revocation order which is the subject of this appeal, multiple revocation petitions were filed. Various multiple revocations were ordered with some incarceration, and with placement back on community corrections. Credit for both time spent in community corrections in compliance with the rules of his sentence, and for jail credits for days spent incarcerated pending court hearings was awarded to Defendant.

         The order which is the subject of this appeal reflects that the community corrections sentence as to the effective sentence of seven years was revoked, and the sentence was ordered to be served by incarceration. The trial court ordered that Defendant was entitled to 474 days credit for time spent in compliance of all rules of community corrections, plus 477 days of credit for time spent in jail awaiting hearings.

         In his Rule 36 motion Defendant acknowledges that he is entitled to the amount of 951 days credit reflected in the revocation order of August 12, 2016. However, the essence of his pro se motion is that because of a clerical error, he was deprived of credit for time he spent in jail awaiting disposition of the last revocation petition. He asserts that he is entitled to an additional credit of 492 days, pursuant to Tennessee Code Annotated section 40-23-101(c), from April 8, 2015 through the date of the revocation order, August 12, 2016. The record indicates that the bench warrant executed for Defendant as a result of the pertinent petition to revoke his community corrections sentence was executed by an officer on April 8, 2015. This is consistent with Defendant's allegation that he was placed in custody on April 8, 2015. The initial bond was set at $100, 000.00.

         On April 17, 2015, another petition to revoke was filed alleging commission of new offenses pending in General Sessions Court, but neither the date of the offenses, nor the date of his arrest for the new charges are stated. The petition did set forth that he was incarcerated in the McNairy County Jail, rather than the Hardeman County Jail, for the new offenses.

         Also, Defendant was on community corrections for cases in two separate indictments. The sentences involved in this appeal are in indictment number 2012-CR-72, imposed when he pled guilty on April 12, 2012. Defendant committed a new offense on October 18, 2012, possession of a weapon by a convicted felon, and this charge led to a violation of his community corrections sentence in indictment number 2012-CR-72. The new charge is in indictment number 2013-CR-62. According to the record, on May 9, 2013, Defendant's community corrections sentence in indictment number 2012-CR-72 was revoked and "resentenced to begin anew." On the same day, ...


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