Anthony Brian Cochran appeals, pro se, from the denial of his “Motion to Correct Clerical Error on Final Disposition,” which asserted a clerical error in connection with his sentence. Cochran was arrested and incarcerated on July 29, 2008 on charges of burglary, theft by receiving stolen property, and possession of methamphetamine. Cochran pled guilty to the charges on July 27, 2009 and was sentenced to ten years. The discussion in court regarding Cochran’s sentence was as follows: Court: Mr. Cochran, your sentence is ten to serve, credit pursuant to the jailer’s affidavit , and that’ll take care of you. Deputy, how many days has Mr. Cochran been in jail Deputy: Twenty-three days, ma’am. Court: Twenty-three days Deputy: Yes, ma’am. Clerk: He came from the state system. Court: You came out of the state system Cochran: I’ve been locked up since July the 29th of last year. Court: I’m not going to write anything on here because you’ve only been with us on sic 23 days and that might mess you up real bad and I wouldn’t want to do that. One day you’ll get out. Emphasis supplied. Despite the trial judge’s statement about not writing “anything” in connection to Cochran’s time served, the written sentence form contained a handwritten notation stating he should receive “credit pursuant to jailers affidavit” in connection with his ten-year sentence. The referenced jailer’s affidavit was signed by the “Commander —Detention, Records and ID” in Cobb County the “Affidavit” and reflected that Cochran entered Cobb County custody on July 29, 2008 and was held until December 30, 2008, when he was “rel’d to Coastal.” The Affidavit further noted that Cochran came back into the county’s custody from Jackson State Prison on July 2, 2009 and remained there until his sentencing.
After sentencing, Cochran received a notice from the Department of Corrections the “DOC” reflecting his ten-year sentence, with adjustments only for the two periods of county confinement reflected on the Affidavit. The DOC gave him no credit for the time he served in state custody in between his two county detentions, a period of approximately seven months. Cochran subsequently filed a motion for modification of his sentence asking for a correction of the clerical error that “omitted credit for the time served.” The trial court denied the motion, noting that the DOC, and not the trial court, had the duty of determining and granting credit for days spent in confinement prior to sentencing. Cochran then filed his “Motion to Correct Clerical Error on Final Disposition,” which the trial court summarily denied.
