Cochran v. State
315 Ga. App. 488
Ga. Ct. App.2012Background
- Cochran pleaded guilty to burglary, theft by receiving stolen property, and possession of methamphetamine on July 27, 2009 and was sentenced to ten years.
- During sentencing, the court stated Cochran had 23 days in jail and declined to write any credit language that could affect time served.
- The written sentence included a handwritten note: 'credit pursuant to jailers aff[id].'
- The jailer’s affidavit showed multiple custody periods: July 29, 2008 to December 30, 2008 (county custody) and July 2, 2009 onward (state custody) with no credit for the seven-month state custody gap.
- The DOC awarded credit only for the county detentions, omitting credit for the intervening seven months in state custody; Cochran sought clerical error relief, which the trial court denied; the State argued DOC computes pre-sentence credits and that remedy is mandamus or injunction against the DOC unless misdirection by the trial court occurs.
- The Court of Appeals reversed and remanded to strike the handwritten language from the sentence, holding the notation was gratuitous misdirection that caused the DOC to withhold credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentencing order’s misdirection affected credit for time served. | Cochran argues the notation misrepresents the trial court’s intent and misleads DOC. | State asserts DOC computes credits and trial court cannot determine pre-sentence credit; remedy lies with DOC. | Remand to strike the notation; misdirection warrants relief. |
| Whether the remedy is to strike the offending language from the sentencing order rather than modify the sentence. | Cochran seeks removal of the notation so DOC can award full credit. | DOC handles credit calculations; jurisdiction to alter credit rests with DOC absent misdirection. | Remand to strike the language; trial court cannot interfere with DOC credit determinations. |
Key Cases Cited
- Johnson v. State, 248 Ga.App. 454 (2001) (pre-sentence credit policy under OCGA §§ 17-10-9 to 17-10-12; DOC computes credit)
- Cutter v. State, 275 Ga.App. 888 (2005) (remedy for gratuitous misdirection is to strike language from sentencing order)
- Sanford v. State, 251 Ga.App. 190 (2001) (discusses trial court cannot interfere with DOC credit determinations)
- Anderson v. State, 290 Ga.App. 890 (2008) (DOC determines credit; mandamus/injunction against DOC if miscalculation; exception for trial court misdirection)