STATE OF TENNESSEE v. HERBERT EUGENE EWING - Articles

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STATE OF TENNESSEE v. HERBERT EUGENE EWING

Posted by: Azya Thornton on Mar 5, 2025

Court: TN Court of Criminal Appeals

Attorneys 1: Herbert Eugene Ewing (on appeal), Only, Tennessee, pro se; and George Edward S. Pettigrew (at resentencing hearing), Knoxville, Tennessee, for the appellant, Herbert Eugene Ewing.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Ronald L. Coleman, Senior Assistant Attorney General; J. Katie Neff, Assistant Attorney General (pro hac vice); Charme P. Allen, District Attorney General; and TaKisha Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Herbert Eugene Ewing, Movant, filed a motion pursuant to Tennessee Code Annotated section 39-17-432(h) (2022), seeking resentencing of his guilty-pleaded conviction for possession of 0.5 grams or more of cocaine with intent to sell or deliver within one thousand feet of a park, for which he was sentenced as a Range III persistent offender to serve the entire minimum twenty-year sentence for a Class B felony. Following a hearing, the trial court found that it could not resentence Movant to a lower release eligibility because release eligibility does not affect the length of the sentence and denied the motion. We grant certiorari to vacate the trial court’s order denying the motion for resentencing and remand for further proceedings consistent with this opinion.

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