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Barlow v. State

Court of Criminal Appeals of Tennessee. at Nashville
Mar 22, 1997
C.C.A. No. 01C01-9507-CC-00237 (Tenn. Crim. App. Mar. 22, 1997)

Opinion

C.C.A. No. 01C01-9507-CC-00237.

March 22, 1997.

Appeal from Van Buren County, Honorable Allen R. Cornelius, Jr., Judge.

For the Appellant:

Martin Barlow, III, Pro Se.

For the Appellee:

Charles W. Burson, Attorney General Reporter, Charlotte H. Rappuhn Assistant Attorney General, Robin Harris, Legal Assistant, William M. Locke, District Attorney General, C. Michael Layne, Asst. Dist. Attorney General (former).


AFFIRMED


OPINION

The appellant, Martin Barlow, III, was indicted for first degree murder. While on bond, he voluntarily admitted himself to a private mental health facility. He was committed for approximately 421 days. Following the state's decision to try him as an adult, the appellant entered a negotiated plea to second degree murder in 1988. He received a sentence of 16 years confinement less 108 days credit for time spent in the private mental health facility. Appellant maintains that he should have received more than 108 days pre-sentence credit. The trial court entered an order dismissing appellant's Motion for Pre-Sentence Credits. In this order, the court determined that

[t]he plea agreement and supplemental order regarding credit due for restraint of liberty prior to being placed in the custody of the Department of Corrections, have both long since passed into the status of final judgments. This claim does not qualify as one for Post Conviction Relief.

We find appellant's pro se brief artfully drafted and we understand his allegations. We, however, find no error of law mandating reversal of the trial court's determinations. Pursuant to Tenn. R. Ct. Crim. App., Rule 20, we affirm the trial court's order.

______________________________ PAUL G. SUMMERS, Judge

CONCUR:

_______________________________ JOSEPH M. TIPTON, Judge

_______________________________ DAVID H. WELLES, Judge


Summaries of

Barlow v. State

Court of Criminal Appeals of Tennessee. at Nashville
Mar 22, 1997
C.C.A. No. 01C01-9507-CC-00237 (Tenn. Crim. App. Mar. 22, 1997)
Case details for

Barlow v. State

Case Details

Full title:MARTIN BARLOW, III, Appellant, v. STATE OF TENNESSEE, Appellee

Court:Court of Criminal Appeals of Tennessee. at Nashville

Date published: Mar 22, 1997

Citations

C.C.A. No. 01C01-9507-CC-00237 (Tenn. Crim. App. Mar. 22, 1997)