State of Tennessee v. Mark Anthony McNack

Upon the defendant’s plea of guilty to theft, the trial court imposed a three-year sentence to be served in the community corrections program. Although the defendant violated a condition of his release shortly after September 30, 2003, the revocation warrant was not filed and issued until ten months later. While revoking the community corrections sentence and ordering the defendant to serve the duration of his sentence in prison, the trial court approved credit for time served only through September 30, 2003, the estimated date of the violation. The Court of Criminal Appeals reversed, holding that the credit should have extended until the issuance of the revocation warrant. We hold that the filing date of the revocation warrant begins the tolling of sentence credits. The judgment of the Court of Criminal Appeals is, therefore, affirmed.