State of Tennessee v. Brian Webb

The State appeals the ruling of the Cocke County Circuit Court amending its judgments pertaining to the sentencing of Defendant, Brian Webb, pursuant to Rule 36 of the Tennessee Rules of Criminal Procedure. Under the terms of a plea agreement involving Defendant's four theft convictions in Cocke and Jefferson counties, the trial court sentenced Defendant on January 8, 2001 to an effective three-year sentence to be served concurrently with Defendant's federal sentence of twenty-four months arising out of the same incident. The trial court's judgment was entered on January 30, 2001 following Defendant's incarceration in federal prison on January 29, 2001. On August 22, 2002, Defendant filed a motion to correct a mistake in the trial court's judgment. After a brief hearing, the trial court granted Defendant's motion and ordered that Defendant's state sentences be modified to time served and the balance served on probation to reflect the trial court's understanding at the time of sentencing that Defendant's sentences would run "coterminous" rather than "concurrently" with his federal sentence. The State argues that the record in this matter does not contain any clerical errors, and the trial court was without jurisdiction to modify Defendant's sentence. After a careful review of this matter, we reverse the judgment of the trial court, and this case is remanded for reinstatement of the judgments of conviction as originally entered.