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Posted by: Tanja Trezise on Feb 20, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Samuel L. Giddens, Jr., Nashville, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Glenn R. Funk, District Attorney General; Kathy Morante, Assistant District Attorney General, for the appellant, State of Tennessee.


A Davidson County jury convicted the Defendant, Samuel L. Giddens, Jr., of reckless homicide, attempted especially aggravated robbery, and aggravated burglary, and the trial court sentenced him to an effective sentence of fourteen years in prison. The Defendant appealed his conviction and sentence, and this Court affirmed the trial court’s judgments. See State v. Samuel L. Giddens, Jr., No. M2005-00691-CCA-R3-CD, 2006 WL 618312, at *1 (Tenn. Crim. App., at Nashville, Mar. 13, 2006), perm. app. denied (Tenn. June 26, 2006). After filing several motions, all of which were dismissed or denied, the Defendant filed a motion pursuant to Tennessee Rule of Appellate Procedure 36.1 seeking to correct an illegal sentence. The trial court denied the Defendant’s motion. On appeal, the Defendant contends that the trial court erred because he should be awarded additional pretrial jail credits. He further contends that his sentence for attempted especially aggravated robbery is not constitutional as it violates provisions against Double Jeopardy and that the resulting sentence is, therefore, not authorized. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment.