All Content

Posted by: Landry Butler on Jan 3, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Calvin Reeves, Whiteville, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Bryant C. Dunaway, District Attorney General; and Victor Gernt, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Calvin Reeves, appeals the trial court’s entry of amended judgment forms, without notice to him, which removed pretrial jail credit from two of his three consecutive sentences. He claims those credits were part of his negotiated plea agreement. Based upon our review of the record, the triplicate award of pretrial jail credit was a clerical error such that the trial court had the authority to amend the judgments under Tennessee Rule of Criminal Procedure 36. However, the amended judgment form for Count One still contains a clerical error when compared with the actual pretrial jail credit awarded during the plea submission hearing. Therefore, we affirm the trial court’s judgments in part, reverse in part, and remand for the entry of a corrected judgment form on Count One.