State of Tennessee v. Tony Arthur Swann, E2015-01516-CCA-R3-CD

In 2006 Swann pled guilty in two Sullivan County cases: S49139 (aggravated assault, 3 years) and S49138 (burglary 2 years; kidnapping 3 years; aggravated assault 3 years; assault 11 months, 29 days). Sentences were ordered consecutively with supervised probation for an effective term of 11 years, 11 months, 29 days.
In May 2014 the trial court revoked Swann’s probation in S49138 for leaving the state without permission, failing to pay court costs, and a new shoplifting conviction, and ordered an aggregate executed term of 8 years, 11 months, 29 days.
Swann filed a Rule 36 motion (clerk’s error) and claimed entitlement to pretrial jail credit (including trustee time and specific jail dates in 2006, 2010, 2011, and 2014); the trial court dismissed the motion after finding the record did not show uncredited pretrial incarceration.
Swann later filed a Rule 36.1 motion seeking correction of an illegal sentence, arguing the revocation order was void because two counts had expired before the revocation petition; the trial court construed it as a Rule 35 motion and denied relief.
On appeal the Court of Criminal Appeals consolidated Swann’s appeals, affirmed the denial of the Rule 36 motion (no showing of clerical error or uncredited pretrial custody) and held Rule 36.1 relief was not available because the alleged error was appealable or erroneous, not an “illegal” (fatal) sentence.

Issue	Swann's Argument	State's Argument	Held
Whether the trial court erred in denying a Rule 36 motion to correct clerical errors by failing to award pretrial jail credit/trustee time	Swann: He served pre-sentence and trustee jail time (specific dates) which was not credited; trial court failed to determine credit	State: Record lacks independent documentation of pre-sentence custody; DOC already credited time as “time served”; trustee-time issues are administrative	Court: Affirmed — no clerical error shown; record does not show uncredited pretrial custody; trustee-credit claims are administrative remedies (UAPA)
Whether the probation revocation sentence was "illegal" under Rule 36.1 because some counts had expired before revocation	Swann: Revocation order imposed service on counts that had expired, making the sentence facially void/illegal	State: Even if revocation order was erroneous, it was not an illegal (fatal) sentence and should have been appealed within 30 days	Court: Affirmed — trial court erred in treating the motion as Rule 35, but Swann’s claim alleges trial error/appealable error, not an illegal sentence under Rule 36.1; relief denied

Cantrell v. Easterling, 346 S.W.3d 445 (Tenn. 2011) (distinguishes clerical errors from other sentencing errors)
State v. Wooden, 478 S.W.3d 585 (Tenn. 2015) (defines "illegal sentence" and categorizes sentencing errors)
State v. Henry, 946 S.W.2d 833 (Tenn. Crim. App. 1997) (trustee-time/jail-credit administrative remedy guidance)
Tucker v. Morrow, 335 S.W.3d 116 (Tenn. Crim. App. 2009) (administrative remedies for inmate credit disputes)