Godwin v. State ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE FILED APRIL SESSION, 1998 December 1, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk STATE OF TENNESSEE, ) C.C.A. NO. 03C01-9710-CC-00479 ) Appellee, ) ) ) BLOUNT COUNTY VS. ) ) HON. D. KELLY THOMAS, JR. KENNETH PAUL GODWIN, ) JUDGE ) Appe llant. ) (Direct Appeal-Sentence Credits) FOR THE APPELLANT: FOR THE APPELLEE: SHAWN G. GRAHAM JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter 419 High Street Maryville, TN 37804 ELLEN H. POLLACK Assistant Attorney General 425 Fifth Avenu e North Nashville, TN 37243 MIKE FLYNN District Attorney General EDWARD P. BAILEY, JR. Assistant District Attorney 363 Court Street Maryville, TN 37804 OPINION FILED ________________________ AFFIRMED JERRY L. SMITH, JUDGE OPINION On August 1, 1989 Appella nt, Kenn eth Pau l Godw in, pleade d guilty in the Blount County C ircuit Court to robbery. As a Range I standard offender he was sentenced to nine years probation to begin immediately. In 1990, Appellant moved to Knox C ounty an d his prob ation wa s transferr ed to the K nox Co unty Office of the Tennessee Department of Correction for purposes of supervision. In 1991 , Appe llant was convicted, in Knox County of: one count of armed robbery, two counts of aggravated kidnapping, one count of grand larceny, and one count of larceny by trick. For these offenses in Knox County, Appellant was placed into the Community Corrections Program in Knox County. In 1992 supervision of the Appellant’s probation for the Blount County conviction was transferred from the Tennessee Department of Correction to the Com munity Corrections Program in Knox C ounty. On November 4, 1996, following issuance of a probation violation warrant, Appellant stipulated that he had in fact violated his probation. On November 5, 1996, an order was entered in the Blount Coun ty Circu it Court revoking appellant’s probation. Appellant was ordered to serve the balance of his Blount County sentence. In this appeal, Appellan t claim s he sh ould re ceive ja il time cr edit on his Blount Coun ty sentence for the time his probation on that sentence was supervised by the Knox County Community Correction Program, and that the trial court erred in refusin g to gra nt him such credit. He claim s his Blou nt Cou nty probation was converted to a community correction s sen tence and th at he is entitled to senten ce cred its off the balance of his penitentiary time for the time he -2- was supervised by the Knox County Community C orrection s Progra m. See, Tenn . Code Ann. S ec. 40-3 6-106 (e )(4). The Blount County Criminal Court order dated March 13, 1992, transferring probation supervis ion of the A ppellant fro m the T ennes see De partme nt of Correction to the Community Correction Program in Knox County stated: “That the defendant’s supervision shall be transferred to the Com munity Co rrections Program in Knox County, Tennessee.” (Emphasis added). The language of the order is clear. The order transferred the Appellant’s Blount County probation supe rvision. It did not con vert his Blo unt Co unty prob ation to a c omm unity corrections sentence. T he Appe llant may not rece ive jail credit, beyond that which he already has, for his Blou nt Cou nty convic tion. Although supervised by the Knox C ounty pro gram h e rema ined on probatio n for his Blo unt Co unty sentence. He is not entitled to sentence credits for time spent on probation. Young v. State, 539 S.W .2d 850 (Te nn. Crim. Ap p. 1976). Accord ingly, we affirm the judgm ent purs uant of the trial court. ____________________________________ JERRY L. SMITH, JUDGE CONCUR: ___________________________________ PAUL G. SUMMERS, JUDGE ___________________________________ CURWOOD WITT, JR., JUDGE -3-