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Warren v. State

The trial court properly refused to modify the defendant's sentence to give him credit for time served prior to his trial because defendant should have addressed that issue to his pre-sentence custodian or the Department of Corrections.

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Ronald Warren appeals the trial court’s denial of his motion to correct and clarify the sentence he received as a result of his guilty plea to four counts of forgery and one count of theft by deception. Warren moved the trial court to correct his sentence to reflect credit for time he served incarcerated prior to the imposition of the present sentence. For the reasons set forth below, the trial court’s denial of Warren’s motion is affirmed.

Although Warren is correct that pursuant to OCGA § 17-10-11 a he should be given credit for time spent in confinement awaiting trial, “the amount of credit is to be computed by the convict’s pre-sentence custodian, and the duty to award the credit for time served prior to trial is upon the Department of Corrections. OCGA § 17-10-12.” Casario v. State.1

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