356 S.W.3d 906
Tenn.2011Background
- McNack pled guilty to theft of property over $1,000 and received a three-year community corrections sentence.
- An affidavit alleged noncompliance with community corrections on Sept. 30, 2003; a warrant was signed July 27, 2004 but not executed (arrest made Jan. 6, 2010).
- Trial court revoked community corrections and ordered imprisonment; credited time only through Sept. 30, 2003.
- Court of Criminal Appeals held credits should run through the issuance of the revocation warrant (July 27, 2004).
- Supreme Court granted discretionary review to resolve whether time- served credits toll when a revocation warrant is filed.
- The Court held that the filing of the revocation warrant tolls and ends time credits in community corrections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When do credits for time served in Community Corrections end? | State urged credits cease upon filing of revocation warrant. | McNack urged a uniform rule tied to the revocation proceedings. | Credits toll and end with filing of revocation warrant. |
Key Cases Cited
- State v. Shaffer, 45 S.W.3d 553 (Tenn. 2001) (issuance of revocation warrant tolls probationary period)
- Carpenter v. State, 136 S.W.3d 608 (Tenn. 2004) (credit for time actually served; distinguishes probation vs. community corrections)
- Estep, 854 S.W.2d 124 (Tenn. Crim. App. 1992) (legislative goals of community corrections; accountability and rehabilitation)
- Cummings, 868 S.W.2d 661 (Tenn. Crim. App. 1992) (community corrections purpose and avoidance of prison overcrowding)
- State v. Harkins, 811 S.W.2d 79 (Tenn. 1991) (similarities between probation and community corrections guide revocation analysis)
- State v. Samuels, 44 S.W.3d 489 (Tenn. 2001) (statutory framework for reconsideration upon violation)