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Baxter v. State

Court of Criminal Appeals of Tennessee, Jackson

January 3, 2020

TIMOTHY A. BAXTER
v.
STATE OF TENNESSEE

          Assigned on Briefs November 5, 2019

          Appeal from the Circuit Court for Madison County No. 11-651 Donald H. Allen, Judge.

         In 2010, Timothy A. Baxter, Defendant, was charged with aggravated assault and was arraigned on May 9, 2011. Defendant was subsequently charged with failure to appear for his June 13, 2011 court date on the aggravated assault charge. A jury found Defendant guilty of failure to appear, and the trial court sentenced him to six years in the Tennessee Department of Correction. This court affirmed Defendant's judgment of conviction on direct appeal in January 2014.[1] Defendant filed a pro se "Motion to Correct Record and Amend Judgment" on March 21, 2018. The trial court dismissed this motion on April 17, 2018, and Defendant filed a pro se "Motion to Alter or Amend" under Tennessee Rule of Civil Procedure 59(e) on April 30, 2018. The trial court denied Defendant's Motion to Alter or Amend on March 8, 2019, and Defendant timely appeals. Because Defendant has failed to provide an adequate record for review, and because this court does not have jurisdiction, the appeal is dismissed.

         Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

          Timothy A. Baxter, Hartsville, Tennessee, pro se.

          Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Assistant Attorney General; Jody Pickens, District Attorney General; and Shaun Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the court, in which John Everett Williams, P.J., and Camille R. McMullen, J., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE

         In his pro se "Motion to Correct Record and Amend Judgment," Defendant argued that he was entitled to pretrial jail credits from the date of his June 26, 2011 arrest for failure to appear until his August 9, 2012 trial.

         In its "Order Dismissing Motion to Correct and Amend Judgment," the trial court stated:

[Defendant] was in the custody of the Tennessee Department of Correction and had to be transported back to Madison County for his appearances and trial. [Defendant] is not entitled to pretrial jail credits if he is serving a sentence in the Tennessee Department of Correction. The State properly awarded [Defendant] credits for the time that he was in the Madison County Jail after having been returned to Madison County for his hearings in this case. The judgments in this matter are correct.

         In his pro se "Motion to Alter or Amend," Defendant stated that he was arrested on June 26, 2011 and held without bail. He contended that "it wasn't until 1/10/2012 that [he] was released to the Tennessee Department of Correction" and asked the trial court to take judicial notice of the judgments of conviction pursuant to Tennessee Rule of Evidence 201(e).

         In its "Order Denying [Defendant's] Pro Se Motion to Alter or Amend," the trial court stated:

The 6 year sentence in this case, Madison County Circuit Court docket #11-651, is to be served consecutive to the sentences in Madison County Circuit Court cases #11-250, #01-915, and #01-792, ...

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