State of Tennessee v. Justin McDowell
E2024-00478-CCA-R3-CD
Tenn. Crim. App.Apr 24, 2024Background
- Justin McDowell pleaded guilty in 2020 to possession with intent to sell or deliver less than .5 grams of cocaine within 1,000 feet of a park, under the Drug Free Zone Act, and was sentenced to five years of incarceration.
- In 2023, McDowell filed a motion for resentencing based on amendments to the Drug Free Zone Act, claiming he would receive a lower sentence under current law.
- The trial court held a hearing, heard arguments and testimony, and denied the motion, finding McDowell had not shown he would receive a shorter sentence under the amended law.
- McDowell appealed, arguing he had a right to appeal the resentencing denial under various legal theories, including Tennessee Rule of Appellate Procedure 3(b), the Post-Conviction Procedure Act, and the common law writ of certiorari.
- The State argued, and the appellate court agreed, that there was no statutory or procedural right to appeal the denial of a Drug Free Zone Act resentencing motion.
- The Court of Criminal Appeals dismissed the appeal for lack of jurisdiction.
Issues
| Issue | McDowell's Argument | State's Argument | Held |
|---|---|---|---|
| Right to Appeal Under Rule 3(b) | Rule 3(b) should apply more broadly | Rule 3(b) does not allow this appeal | Rule 3(b) does not provide an appeal in this context |
| Jurisdiction Under Post-Conviction Act | Act gives jurisdiction over such appeals | Only applies to enumerated proceedings | Act does not confer jurisdiction for this appeal |
| Eligibility for Resentencing Under New Law | Would have received a lower sentence | Negotiated sentence was already lower | Defendant did not show he would have received shorter confinement |
| Writ of Certiorari as Remedy | Writ allows review of the denial | Not appropriate for judgments within jurisdiction | Writ of certiorari not appropriate for this type of review |
Key Cases Cited
- State v. Rowland, 520 S.W.3d 542 (Tenn. 2017) (Clarifies that a defendant does not have an appeal as of right unless enumerated)
- State v. Lane, 254 S.W.3d 349 (Tenn. 2008) (Holds there is no appeal as of right from an order denying a motion to modify probation)
- State v. Adler, 92 S.W.3d 397 (Tenn. 2002) (Describes limits of common law writ of certiorari for reviewing criminal matters)