### IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs J

anuary 23, 2001
STATE OF TENNESSEE v. DENNIS R . JACKS
Appeal from the Criminal Court for Anderson County No. 96CR0017 James B. Scott, Jr., Judge

No. E2000-00643-CCA-R3-CD

May 7, 2001

The defendant appeals from the revocation of his probation, contesting the trial court’s jurisdiction. We affirm the jud

gment of the trial c

ourt. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

J OSEPH M. T IPTON , J., delivered the opinion of the court, in which J AMES C URWOOD W ITT , J R ., and N ORMA M C G EE O GLE , JJ., joined.

J. Thomas Marshall, J

r., District Public

Defender, and

Nancy Carol Meye

r, Assista nt Publi c Defender, for

the appellant, De

nnis R. Jacks.

Paul G . Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant At torney General ; James N. Ramsey, District Attorney General; and Janice G. Hicks, Assistant District Attorney General, for the appellee, State of Tennessee.
OPINION

The defendant,

Dennis R. Jacks, appeals as of right from the revocation of his probation. The defendant pled guilty to five c

ounts of selling mar

ijuana, Class

E felonies, and was sentenced to one year for each count. Counts one and two (to be served concurrently), counts three and four (to be served concurrently), and count five were ordered to run consecutively for an eff ective thr e e-year sentence. The trial court ordered the defendant to serve sixty days in the county jail and th e remainder

on probation. The judgment, which was entered on November 21, 1996, reflects that the defendant received a pretrial jail credit of nine days. The defendant contends that the trial court did not have jurisdiction

to revoke his prob

atio n, arguing t hat the probation violation warrants were issued after the expiration of his sentence.

The trial court revoked

the defendant’s probation on March 10, 2000, based upon probation violation warran

ts that were issued November 19, 1999, and December 28, 1999. The November 19 warrant stated t

hat the defenda

nt had failed to pa

y court costs

as ordered, and the December 28-2-

warrant stated that the defendant had been arrested and charged with possession of marijuana and drug paraphernalia. The defendant does not dispute the fac

ts underlying these

warrants or that he violated the terms of his probation. Rather, he argue s that his sentence

expired before

the warrants
were issued, and, therefore, the court was without jurisdiction to revoke his

probation. See Tenn. Code Ann. § 40-35- 310; State v. Clark , 970 S.W.2d 516, 518 (Tenn. Crim. App. 1998). Initially, we note that both the November 19 and De cember 2 8 warrants stated that the defendant was “on probation for a term of 3 years, extended 1 year .” The record do es not contain an order or judgment reflecting such an extension. However, at the probation revocation hearing, the defendant’s co

unsel commented, “

His probation was e

xtended for a ye

ar because

he hadn’t paid his court costs. . . . Your Honor, what happened was that he was extended a year. Then except for that extension, he wou

ld be through with th

at probation. How

ever, it happened.” Accordingly, the defendant’s sentence would have expired on November 21, 2000 , well after either probation violation warrant was issued. Despite the defendant’s acknowledgment that his probation was extended for one year, on appeal he argues that because he received twenty-six days of pretrial jail credit, his sentence did not expire on November 21, 1999, but on October 26, 1999. The judgment, however, refle

cts that the defendant received nine days of pretrial jail credit. Regardless, the defendant’s argument fails. The defendant received an effective se

ntence of three

years, which wa

s ordered to

be served on probation after sixty days in jail. Th

e defendant’s p

retrial jail cre

dit allowed the defe

ndant toserve only fiftyone days in jail. Even if there had not been a one-year extension of the defendant’s probation, the pretrial jail credit would not have affected the November 21, 1999 expiration date of his sentence. Accordingly, the November 19, 1 999 probation viola tion warra nt was issued before the defendant’s sentence expired. Moreover, “the trial court has the authority to revoke probation for
a criminal offense which occurs after expiration of the original term of probation but during a period of time when a warrant alleging a violation of probation is pending.” Clark , 970 S.W.2d at 518; see Statev. Gerald H. Shaffer , E1998-00106-SC-R11-CD, Knox County, slip op. at 3-4 (Tenn. Mar. 22, 2001) (for publication). Th us, th e trial court properly considered the possession of marijuana charge, to which the defendant had pled guilty before the revocation he aring on March 10, 2000. We conclude that the trial court had jurisdiction to revoke the defendant’s probation.

Based upon the foregoing a nd the record as a whole, we affirm the judgment of the trial court.

___________________________________ JOSEPH M. TIPTON, JUDGE