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Posted by: Tanja Trezise on Jun 3, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Mike Mosier, Jackson, Tennessee, for the appellant, Timothy James Coley.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel Harmon, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Brian Gilliam, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Following a jury trial in the Madison County Circuit Court, Defendant Timothy James Coley was convicted of the Class B felony offense of initiation of the process to manufacture methamphetamine, and also of the Class A misdemeanor offenses of possession of methamphetamine, possession of drug paraphernalia, and evading arrest. For each of the Class A misdemeanors, he was sentenced to serve concurrent sentences of 11 months and 29 days, with a 75% service by incarceration prior to eligibility for work release, furlough, trusty status and/or rehabilitation programs. Defendant was sentenced to serve 12 years as a Range I standard offender for the felony conviction, with service in the Community Corrections Program, consecutive to, and following service of the sentence for the misdemeanor convictions. Typed under “Special Conditions” of each judgment for a misdemeanor conviction is a requirement that the incarceration must be served in the Madison County Jail and not at the Madison County penal farm. Also typed in the Special Conditions section is the provision that Defendant was not eligible for work release or “any other special jail credits.” Handwritten on the judgment for possession of methamphetamine is the addition “(other than [g]ood [b]ehavior credits).” Defendant presents one very narrow issue in this appeal. He argues that the trial court had no authority to place any restrictions on “the earning of credits and the manner in which the credits are earned.” Specifically, he asserts he should be entitled to sentence credits under Tennessee Code Annotated section 41-2-147. The state filed a brief with a detailed argument section, but failed to address the precise issue raised by Defendant. Following a thorough review of the record and Defendant’s brief, we reverse the judgments of the trial court as to the sentencing credit restrictions in the misdemeanor judgments and remand for entry of amended judgments that do not include the restriction on earning sentencing credits.