TIMOTHY A. BAXTER
STATE OF TENNESSEE
Assigned on Briefs November 5, 2019
from the Circuit Court for Madison County No. 11-651 Donald
H. Allen, Judge.
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. 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.
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
L. Holloway, Jr., J., delivered the opinion of the court, in
which John Everett Williams, P.J., and Camille R. McMullen,
L. HOLLOWAY, JR., JUDGE
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.
"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.
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).
"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, ...