Opinion
A99A2506.
DECIDED: DECEMBER 8, 1999.
Armed robbery. Whitfield Superior Court. Before Judge Temples.
John A. Johnson, pro se. Kermit N. McManus, District Attorney, for appellee.
John Johnson appeals his conviction for armed robbery in Whitfield County, arguing that the trial court erred in denying his motion for jail time credit. We disagree and affirm.
Johnson contends his guilty plea was the result of a negotiated plea and that it was understood that he was to receive his jail time credit. However, the transcript of the guilty plea hearing fails to support this contention. There is no mention of jail time credit in either the hearing transcript or the court's sentence.
Moreover, Johnson was not entitled to jail time credit under the circumstances. The record shows that Johnson was confined in Bartow County for crimes in their jurisdiction and that a hold was placed on him to face a charge in Whitfield County. The Supreme Court has clearly held that the provision for crediting prison sentences with time spent in confinement only applies to persons who would not be confined but for the charges which give rise to the sentence for which credit is sought. Spann v. Whitworth, 262 Ga. 21, 23-24 (2) ( 413 S.E.2d 713) (1992); Tucker v. Stynchcombe, 239 Ga. 356, 357 ( 236 S.E.2d 623) (1977). In the present case, Johnson was not being held in Bartow County on the Whitfield County charges, but on an unrelated Bartow County charge. The Whitfield County court did not err in denying Johnson's request for jail time credit.
Judgment affirmed. McMurray, P.J., and Phipps, J., concur.