### IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON APRIL 2000 SESSION STATE OF TENNESSEE v. STEPHEN RAY STAMPS Direct Appeal from the Circuit C ourt for Henry County No. 11870 C. Creed McGinley, Judge

No. W1999-01716-CCA-R3-CD - Decided May 4, 2000

Approx imately

six years after

the Defendant w

as sentenced to a

twelve-year te

rm i n th e Department

of Correction for the offense of rape, he filed a motion in the trial court asking the court to amend the judgment to allow him certain pre-trial jail credit. The trial judge overruled the motion and the Defenda

nt has appealed to

this Court. We aff

irm the decision of

the trial court. T. R. A. P. 3 Appeal as o f Right; Judgment of

the Trial Court Af

firmed.
J UDGE D AVID H. W ELLES delivered the opinion of the court, in which J UDGE D AVID G. H AYES and J UDGE A LAN E. G LENN joined. Stephen Ray Stamps, Henning, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter, Mark E. Davidson, Assistant Attorney General, Robert “Gus” Radford, District Attorney General, for the appellee, State of Tennessee.
OPINION
On July 22, 1992, following a jury trial, the Defendant was convicted of rape. On August 31, 1 992, foll owing a sentencing hearing, he was sentenced to twelve years in the Tennessee Department

of Correction. On appeal, this Court affirmed his conviction, and ou r supreme

court denied his application fo

r permission to app

eal on July

18, 1994. See State v. Stephen Ray Stamps , No. 02C01-9301-CC-00002, 1994 WL 59451 (Tenn. Crim. App., Jackson, Mar. 2, 1994). On November 30, 1998, the Defendant filed a motion requesting that the trial court amend the judgment to reflec

t credit on his sente

nce for five day

s served in jail in T

exas after he waiv

ed extradition on these charges and prior to being returned to Henry Count y, Tennessee. He also requested credit on his sentence for the approximately ninety days that he was released on a pre-trial “restricted

bond.” The trial c

ourt overruled hi

s motion. It is

from the orde r of the trial court overruling his motio

n that the Defend

ant appeals.-2-

The Defendant argues that the trial court erred by n

ot amending the judg

ment to allow him credit for the five days hespent in jail in Texa s prior to being returned to Tennessee to face trial on these charges. He also argues that he should be entitled to jail credit for the time he was released on bond pending trial because his bond restricted him from being around either his wife or the victim of the rape and required him to reside with his sister and maintain a curfew.
We see no need to

address the merits of the Defendant's arguments because it is clear that the judgment in

this case had become final long before the Defendant filed his motion seeking that the judgment be amende d. After a judgme

nt becomes final,

the trial c ourt generally is without jurisdiction to amend it. State v. Moore , 814 S.W.2d 381, 382 (Tenn. Crim. App. 1991). Once the trial court loses jurisdiction, it generally has no power or authority to amend its judgment. State v. Pendergrass , 937 S.W.2d 834, 837 (Tenn. 1996). The trial court was correct in denying the motion to amend the judgment. The judgment of the trial court is accordingly affirmed. David H. Welles, Judge David G. Hayes, Judge Alan E. Glenn, Judge