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Posted by: Landry Butler on Jan 17, 2017

Head Comment: With dissenting opinion by Thomas.

Court: TN Court of Criminal Appeals

Attorneys 1:

Brandon E. White, Columbia, Tennessee (on appeal); Claudia Jack, District Public Defender; and R. H. Stovall, Jr., Assistant Public Defender (at hearing), for the appellant, Jackie Phillip Lester.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Counsel; Brent Cooper, District Attorney General; and Christi Thompson, Assistant District Attorney, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Jackie Phillip Lester, pled guilty to aggravated assault and possession of a firearm after having been convicted of a felony. He was sentenced to six years, suspended to probation. Defendant violated probation, and the trial court ordered a partial revocation of the probationary sentence and service of eighteen months in incarceration. Defendant was released from incarceration and violated probation for the second time shortly thereafter. This time the trial court revoked Defendant’s probation, ordering him to serve the original six-year sentence. The trial court awarded Defendant credit for time served during the partial revocation and prior to sentencing on the full revocation. On appeal, Defendant complains that the trial court did not award him all his due jail credit. Because the proper method to address post-judgment jail credit is through the Uniform Administrative Procedures Act rather than an appeal to this Court, we affirm the judgment of the trial court. However, we remand the case for the correction of a clerical error in the revocation order.