Assigned on Briefs November 5, 2019
from the Circuit Court for Madison County No. 14-650 Kyle
Russell, Defendant, appeals the trial court's denial of
his "Motion to Receive Jail Credits and Time at
Liberty." Because Defendant's Notice of Appeal was
not timely filed and the interest of justice does not warrant
waiver, we dismiss the appeal.
R. App. P. 3 Appeal as of Right; Appeal Dismissed
P. Russell, Clifton, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Jody Pickens,
District Attorney General; and Al Earls, Assistant District
Attorney General, for the appellee, State of Tennessee.
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.
context to Defendant's "Motion to Receive Jail
Credits and Time at Liberty," the denial of which gave
rise to this appeal, we will provide a short procedural
6, 2016, Defendant pled guilty in Case No. 14-650 to Class D
felony burglary and Class E felony vandalism. On the same
day, Defendant pled guilty in Case No. 14-651 to Class E
felony attempted burglary and Class E felony vandalism.
Defendant was sentenced as a persistent offender to eight
years' incarceration for Class D felony burglary in Case
No. 14-650 and to concurrent six-year sentences for the three
Class E felonies, for an effective eight-year sentence. The
judgment of conviction for Class D felony burglary provided
pretrial jail credit from August 16, 2014, to September 19,
2014, and from April 28, 2016, to June 6, 2016.
March 9, 2018, Defendant filed a "Motion to Receive Jail
Credits" from January 15, 2016, until April 28, 2016, a
time period during which he claimed he was being held in the
Davidson County Jail pending arraignment in Case No. 14-650.
April 24, 2018, Defendant filed a "Motion to Receive
Jail Credits" from August 14, 2014, until April 19,
2015; from September 19, 2014, until Defendant "went to
prison, pending arraignment[;]" and from April 28, 2016,
until June 6, 2016, when he went "back to prison."
25, 2018, the trial court entered an order denying the April
24, 2018 motion, finding "that [D]efendant is trying to
obtain good time or behavioral credits. These credits are