Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Boyd

Court of Criminal Appeals of Tennessee, Nashville

October 31, 2019

STATE OF TENNESSEE
v.
KENNETH R. BOYD

          Assigned on Briefs August 27, 2019

          Appeal from the Circuit Court for Robertson County No. 74CC3-2015-CR-5 Jill Bartee Ayers, Judge

         Defendant, Kenneth R. Boyd, appeals from the trial court's denial of his motion requesting additional pre-trial jail credits. The State responds that the appeal should be dismissed because it was untimely filed and that the sentence is legal. Because Defendant has failed to state a colorable claim for relief, we affirm the trial court's denial of the motion and the denial of additional pre-trial jail credits. However, we remand the matter to the trial court for correction of a clerical error on the corrected judgment form for Count Three.

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

          Kenneth R. Boyd, Clifton, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Assistant Attorney General; John W. Carney, Jr., District Attorney General; and John E. Finklea, Assistant District Attorney General, for the appellee, State of Tennessee.

          Timothy L. Easter, J., delivered the opinion of the court, in which Camille R. McMullen and J. Ross Dyer., JJ., joined.

          OPINION

          TIMOTHY L. EASTER, JUDGE

         Factual and Procedural Background

         From what we can gather from the limited record before this Court, Defendant pled guilty to several drug-related charges in Sumner County in 2011. Subsequently, on December 17, 2014, Defendant had his eight-year Community Corrections sentence revoked. On January 22, 2015, the Robertson County Grand Jury issued a sealed indictment charging Defendant with two counts of sale or delivery of a Schedule II controlled substance and one count of sale or delivery of a Schedule II controlled substance within a Drug Free School Zone. A capias for Defendant's arrest was issued on January 28, 2015, but it appears that he was not arraigned on these charges until April 15, 2016. On July 29, 2016, Defendant entered a guilty plea to three counts of sale or delivery of a controlled substance and was sentenced as a Range II, multiple offender to serve eight years on each count, to be run concurrently with each other and with "[a]ny other sentence [D]efendant is currently serving." Defendant received pre-trial jail credits from April 15, 2016, through July 29, 2016. On August 16, 2017, [1] corrected judgment forms were entered for the Robertson County convictions, specifying that they were to run concurrently with the Sumner County case.[2]

         On November 7, 2018, Defendant filed a motion to receive pre-trial jail credits on his Robertson County sentences. Defendant asserted that he had been in the custody of either Sumner County or Tennessee Department of Correction continuously since November 19, 2014, and that time prior to his arraignment on the Robertson County charges should be credited toward his Robertson County sentences. Defendant filed amended motions raising the same claim on November 8 and 21, 2018. On December 17, 2018, Defendant filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, alleging that his eight-year sentence was illegal because he did not have sufficient prior convictions to qualify as a Range II offender. On January 3, 2019, the trial court entered a handwritten order denying both of Defendant's motions. Defendant filed motions for reconsideration on January 10 and 14, 2019, which were denied by the trial court on January 15, 2019. The trial court then entered a typewritten order on January 18, 2019, stating that Defendant's motion for jail credits that came to be heard on January 3, 2019, [3] was denied. Defendant filed a notice of appeal with the trial court on January 31, 2019. After receiving notice from the trial court that the notice of appeal should be filed in the appellate court, Defendant then filed a notice of appeal with this Court on February 14, 2019.

         Analysis

         I. Timeliness

         As an initial matter, the State asserts that Defendant's notice of appeal from the trial court's January 3 order was untimely filed in this Court and that the appeal should be dismissed. Tennessee Rule of Appellate Procedure 4 states that an appeal as of right shall be filed with the clerk of the appellate court within 30 days after the date of entry of the judgment appealed from. While the timeliness of the notice of appeal is not jurisdictional in criminal cases, it may only be waived in the interests of justice. Tenn. R. App. P. 4(a); see State v. Rockwell, 280 S.W.3d 212, 214 (Tenn. Crim. App. 2007) (noting that "[w]aiver is not automatic"). "In determining whether waiver is appropriate, this Court will consider the nature of the issues presented for review, the reasons for and the length of the delay in seeking relief, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.