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STATE v. WALKER

905 S.W.2d 554 (1995)

STATE of Tennessee, Appellee, v. David Wayne WALKER and Neely Lenard Love, Appellants.

Supreme Court of Tennessee, at Jackson.

August 14, 1995.

Attorney(s) appearing for the Case

Patrick Martin, Jackson, for appellant Walker.

Scott G. Kirk, Jackson, for appellant Love.

Charles W. Burson, Attorney General & Reporter and Merrilyn Feirman, Assistant Attorney General, Nashville, for appellee.

OPINION

BEN H. CANTRELL, Special Justice.

This Court granted a Rule 11 application under the Tennessee Rules of Appellate Procedure to determine whether the defendants' sentences expired when the sheriff could not incarcerate them due to an overcrowded jail. The Court of Criminal Appeals affirmed the trial court's holding that the sentences did not begin to run until the defendants were actually taken into custody. We reverse and hold that under the...

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