FILED

March 23, 1999

Cecil W. Crowson

Appellate Court Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

JANUARY SESSION, 1999

STATE OF TENNESSEE, ) C.C.A. NO. 01C01-9804-CC-00165

)

Appellee, )

)

) HUMPHREYS COUNTY

VS. )

) HON. ALLEN W. WALLACE

TIMOTHY S. BRADLEY, ) JUDGE

)

Appellant. ) (Direct Appeal - Aggravated Burglary)

FOR THE APPELLANT: FOR THE APPELLEE:

WILLIAM B. LOCKERT, III JOHN KNOX WALKUP

District Public Defender Attorney General and Reporter

WADE BOBO CLINTON J. MORGAN

Assistant Public Defender Counsel for the State

P. O. Box 464 425 Fifth Avenue North

Ashland City, TN 37015 Nashville, TN 37243

DAN ALSOBROOKS

District Attorney General

GEORGE SEXTON

Assistant District Attorney

2nd Floor, Humphreys Co. Courthouse

Waverly, TN 37185

OPINION FILED ________________________

AFFIRMED

JERRY L. SMITH, JUDGE
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OPINION

On June 19, 1997, Appellant Timothy S. Bradley pled guilty to an

aggravated burglary that occurred at a residence in Humphreys County. After a

sentencing hearing held that same day, the trial court sentenced Appellant as a

Range I standard offender to a term of four years to be served in the Community

Corrections Program. After a revocation hearing on February 25, 1998, the trial

court found that Appellant had violated the conditions of his Community

Corrections sentence. On March 2, 1998, the trial court ordered Appellant to

serve his original four year sentence in the Tennessee Department of Correction,

less credit for the time served in the Community Corrections Program and for

time served in jail for the violation. Appellant challenges the trial court’s order,

raising the following issue: whether he is entitled to pre-trial jail credit for the

Humphreys County sentence in this case for time that he spent in the Dickson

County Jail for another case. After a review of the record, we affirm the judgment

of the trial court.

FACTS

Although the exact date is not in the record, it appears that at some time

during November or December of 1996, Appellant was arrested and placed in the

Dickson County Jail for a burglary and theft that occurred at a residence in

Dickson County. On December 2, 1996, Appellant was charged in this case with

an aggravated burglary and a theft that occurred at a residence in Humphreys

County. Appellant then spent approximately seven months in the Dickson County
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Jail before he pled guilty to the aggravated burglary in Hum phreys County on

June 19, 1997. Although the record is not entirely clear, Appellant apparently

pled guilty to the Dickson County charges on July 18, 1997. In both this case and

the Dickson County case, Appellant was ordered to serve his sentences in the

Community Corrections Program, with all sentences to run concurrently. 

ANALYSIS

Appellant contends that the trial court erred when it failed to give him credit

on his Humphreys County sentence for the time he spent in the Dickson County

Jail. As support for this contention, Appellant relies on Tennessee Code

Annotated section 40-23-101, which states in relevant part:

The trial court shall, at the time the sentence is imposed and the defendant

is committed to jail, the workhouse or the state penitentiary for

imprisonment, render the judgment of the court so as to allow the

defendant credit on the sentence for any period of time for which the

defendant was committed and held in the city jail or juvenile court

detention prior to waiver of juvenile court jurisdiction, or county jail or

workhouse, pending arraignment and trial. The defendant shall also

receive credit on the sentence for the time served in the jail, workhouse or

penitentiary subsequent to any conviction arising out of the original offense

for which the defendant was tried.

Tenn. Code Ann. § 40-23-101(c) (1997). We conclude that this statute has no

application to this case.

Initially, we note that the primary purpose of awarding pre-trial jail credit is

to prevent discrimination against indigent defendants who are unable to make

bond prior to trial and appeal, unlike their counterparts with the financial means

to obtain a bond. See State v. Watkins, 972 S.W.2d 703, 705 (Tenn. Crim. App.

1998); State v. Silva, 680 S.W.2d 485, 486 (Tenn. Crim. App. 1984); State v.
1Appellant continues to maintain, as he did at the revocation hearing, that he was held in the

Dick son Cou nty Jail for the cha rges in both Dick son and H um phre ys Co unties. Ho weve r, the o nly

evidence cited by Appellant in support of this claim is his own self-serving testimony at the revocation

hearing. We agree with the trial court’s determination that the record as a whole indicates that Appellant

was held in the Dickson County Jail for the charges in the Dickson County case and not for the

Hum phreys C ounty cha rges in this case. 

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Abernathy, 649 S.W.2d 285, 286 (Tenn. Crim. App. 1983). This purpose would

not be served by giving Appellant pre-trial jail credit in this case. Here, Appellant

was being held in the Dickson County Jail pending trial for offenses committed

in Dickson County.1 Thus, even if Appellant had been able to post bond in this

case for the Humphreys County charges, he would not have been released from

the Dickson County Jail.

Furthermore, this Court has repeatedly held that section 40-23-101(c) only

provides for credit against a sentence if the reason for the incarceration arises

from the offense for which the sentence was imposed. See Abernathy, 649

S.W.2d at 286; Majeed v. State, 621 S.W.2d 153, 155 (Tenn. Crim. App. 1981);

Trigg v. State, 523 S.W.2d 375, 376 (Tenn. Crim. App. 1975). Indeed, this Court

has held that a defendant was not entitled to pretrial jail credit for time he served

for a federal crime prior to his conviction in state court for another crime. Trigg,

523 S.W.2d at 376. Likewise, this Court has held that a defendant is not entitled

to credit for jail time on a separate charge in another state. Majeed, 621 S.W.2d

at 155. Similarly, Appellant is not entitled to pre-trial jail credit in this case

because the reason for his confinement in the Dickson County Jail arose from the
2Appellant’s reliance on State v. Henry, 946 S.W .2d 833 (Tenn . Crim. App. 1997 ), is misp laced. 

In Henry, this Court stated that the defendant could receive pre-trial jail credit for both of the concurrent

sentences that he had received after being convicted of two offenses in the same trial if he had been

charge d and he ld in jail for both o ffense s. Id. at 835. However, this Court noted that if the defendant had

only been held on charges for one offense, he would not be entitled to pre-trial jail credit for the sentence

for the oth er offen se. Id. Thus, even under Henry, App ellant is not entitle d to a pre-trial jail c redit f or his

sentenc e in this case bec ause he w as no t being held in the D icks on C ounty Jail fo r the H um phre ys

Coun ty charges . 

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Dickson County offenses and not the Humphreys County offense for which 

Appellant was sentenced in this case. This issue has no merit.2

Accordingly, the judgment of the trial court is AFFIRMED.

____________________________________

JERRY L. SMITH, JUDGE

CONCUR:

___________________________________

JOHN H. PEAY, JUDGE

___________________________________

THOMAS T. WOODALL, JUDGE