STATE OF TENNESSEE v. JUSTIN MCDOWELL - Articles

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Posted by: Tanja Trezise on Apr 24, 2024

Court: TN Court of Criminal Appeals

Attorneys 1: Chelsea C. Moore, Knoxville, Tennessee, for the appellant, Justin McDowell.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; Charme P. Allen, District Attorney General; and G. Lawrence Dillon, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

In 2020, the Defendant, Justin McDowell, pleaded guilty to possession with intent to sell or deliver less than .5 grams of cocaine within 1,000 feet of a Drug Free Zone, a park. The trial court imposed an effective sentence of five years of incarceration. The Defendant filed a motion for resentencing pursuant to an amendment to the Drug Free Zone Act. See T.C.A. § 39-17-432. The trial court held a hearing and denied relief. On appeal, the Petitioner contends that his motion for resentencing should have been granted. After review, we dismiss the appeal.

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