State of Tennessee v. John Hudson, W2016-00913-CCA-R3-CD

John Hudson pleaded guilty to theft over $10,000 in 2010 and received five years of probation; a related burglary charge was dismissed per the plea agreement.
A probation-violation warrant was issued by the trial court on November 12, 2014, based on an alleged new theft and travel outside the county without permission.
The trial court revoked Hudson’s probation on October 29, 2015.
Hudson did not file a direct appeal from the revocation order within the 30-day appellate period.
Hudson filed a pro se Rule 35 motion to correct/modify/reduce his sentence on April 5, 2016 (more than 120 days after revocation); the trial court denied the motion without a hearing.
Hudson argued on appeal that the trial court lacked jurisdiction to revoke probation because he had completed probation before being served with the warrant; he asked for Rule 35 relief in the interest of justice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court lacked jurisdiction to revoke probation because Hudson had completed probation before being served with the violation warrant	Hudson: Probation had been successfully completed before service, so revocation was void for lack of jurisdiction	State: Hudson waived the challenge by not appealing; in any event, the warrant was issued during the probation term, which interrupts the running of probation and preserves jurisdiction	Court: Waived by failure to appeal; merits rejected — issuance (not service) of the Nov. 12, 2014 warrant fell within the five-year term and conferred jurisdiction to revoke probation
Whether the trial court erred in denying Hudson’s Rule 35 motion for sentence reduction	Hudson: Motion should be granted in the interest of justice	State: Motion was untimely under Tenn. R. Crim. P. 35 (filed beyond 120 days); rule allows no extensions and court may deny without a hearing	Court: Denial affirmed — motion untimely and denial proper under abuse-of-discretion review

State v. Shaffer, 45 S.W.3d 553 (Tenn. 2001) (issuance of warrant, not service, interrupts running of probation)
McGuire v. State, 292 S.W.2d 190 (Tenn. 1956) (same principle regarding interruption of probationary period)
Allen v. State, 505 S.W.2d 715 (Tenn. 1974) (issuance of warrant triggers revocation proceedings)
State v. Ruiz, 204 S.W.3d 772 (Tenn. 2006) (abuse-of-discretion standard for reviewing denial of Rule 35 relief)
State v. Edenfield, 299 S.W.3d 344 (Tenn. Crim. App. 2009) (Rule 35 review discussed)
Howell v. State, 185 S.W.3d 319 (Tenn. 2006) (standards for finding abuse of discretion)