STATE OF TENNESSEE v. JORDAN ISAIAH MOSBY - Articles

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STATE OF TENNESSEE v. JORDAN ISAIAH MOSBY

Posted by: Tanja Trezise on Feb 1, 2024

Court: TN Court of Criminal Appeals

Attorneys 1: Brennan M. Wingerter (on appeal), Appellate Division Assistant Public Defender, Franklin, Tennessee, and Shelby S. Silvey (at hearings), Montgomery County Assistant Public Defender, Clarksville, Tennessee, for the appellant, Jordan Isaiah Mosby.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Ronald L. Coleman, Assistant Attorney General; Robert J. Nash, District Attorney General; and Crystal M. Morgan, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

In 2013, the Defendant, Jordan Isaiah Mosby, pleaded guilty to attempted second degree murder, and the trial court imposed a ten-year sentence suspended to supervised probation. In 2019, the trial court issued a probation violation warrant, alleging that the Defendant had absconded. After a hearing, the trial court found that the Defendant had violated his probation by absconding to Florida. The trial court ordered him to serve his ten-year sentence in confinement. The Defendant then filed a Rule 35 motion seeking to modify the revocation order. After a hearing, the trial court denied the Defendant’s motion. On appeal, the Defendant asserts that the trial court erred by ordering him to serve his sentence in confinement, by not granting him credit for time he successfully served on probation, and by ruling that the Defendant’s custody in the Tennessee Department of Correction prevented the court from modifying the sentence. After a thorough review, we affirm the trial court’s judgment.

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