Background
In 2010, Pierre Jenkins pleaded guilty to armed robbery and other crimes. He received a 25-year sentence, with 12 years to serve.
In 2026, Jenkins, proceeding pro se, filed a request in the trial court seeking credit for time served. The trial court dismissed the request, and Jenkins directly appealed that dismissal.
The Court’s Holding
The Court of Appeals dismissed the appeal for lack of jurisdiction. Under Georgia law, the trial court has no role in calculating or awarding credit for time served before trial.
That responsibility rests with the defendant’s pretrial custodian and the Department of Corrections. Because Jenkins’s request for credit was filed as a motion in his criminal case, it was a nullity and presented no appealable issue.
Key Takeaways
- A Georgia trial court does not calculate or award presentence time-served credit.
- The Department of Corrections is responsible for awarding that credit.
- A criminal-case motion seeking such credit is a nullity and cannot support a direct appeal.
Why It Matters
The order reinforces that challenges concerning presentence credit cannot be pursued through a motion in the underlying criminal case or by a direct appeal from its dismissal. Practitioners should direct clients to the administrative process involving the appropriate custodian and the Department of Corrections.