Assigned on Briefs April 23, 2019
from the Circuit Court for Hardeman County No. 12-CR-72 J.
Weber McCraw, Judge
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Reversed and Remanded
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.
T. Woodall, J., delivered the opinion of the court, in which
Robert W. Wedemeyer and Robert H. Montgomery, Jr., JJ.,
WEBER MCCRAW, JUDGE
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.
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.
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of seven years was revoked, and the sentence was ordered to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.
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.
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.
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,