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State v. Russell

Court of Criminal Appeals of Tennessee, Jackson

January 14, 2020

STATE OF TENNESSEE
v.
JOHN P. RUSSELL

          Assigned on Briefs November 5, 2019

          Appeal from the Circuit Court for Madison County No. 14-650 Kyle Atkins, Judge.

         John P. 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.

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

          John 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.

          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.

         Procedural History

         To give 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 history.

         On June 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.

         On 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.

         On 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."

         On June 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 ...


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