State of Tennessee v. Hobert Dean Davis

The defendant pled guilty to burglary (Count One), theft (Count Two), and vandalism (Count Three) and was sentenced pursuant to a plea agreement to two (2) years for Count One and eleven months and twenty-nine days for both Count Two and Count Three. Counts Two and Three were to be served concurrently but consecutively to Count One. The judgment forms entered for each count indicated that the defendant was to receive 201 days of pretrial jail credit. Sixteen months after the final judgments were entered, the state moved the trial court to correct the original judgments pursuant to Tennessee Rule of Criminal Procedure 36. Thereafter, corrected judgments were entered for Counts Two and Three indicating that the defendant was to receive 0 days pretrial jail credit on those counts. Generally, a trial court loses jurisdiction to amend a judgment once it becomes final. After a thorough review of the record, we conclude that the trial court did not make a finding as to whether there was a clerical mistake or mistake of law in the original judgments. Absent a finding that there was a clerical mistake, the trial court was without jurisdiction to alter the final judgments. Therefore, we reverse the judgments as corrected and remand to the trial court for determination of whether there was a clerical error in the original judgments.