STATE OF TENNESSEE v. AMANDA HOPE McGILL - Articles

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STATE OF TENNESSEE v. AMANDA HOPE McGILL

Posted by: Tanja Trezise on Jun 23, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

C. Brad Sproles, Kingsport, Tennessee, for the appellant, Amanda Hope McGill.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; Barry P. Staubus, District Attorney General; and Joshua D. Parsons, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Amanda Hope McGill, appeals as of right from the Sullivan County Circuit Court’s judgment concluding that it did not have jurisdiction over her motion to modify her sentence. Because the Defendant filed her motion well past the 120-day time limit imposed by Tennessee Rule of Criminal Procedure 35, and because the Defendant was housed in a facility under contract with the Tennessee Department of Correction, we agree with the trial court that it lacked jurisdiction to entertain the Defendant’s request for concurrent sentencing or placement in the Community Corrections Program. Therefore, the judgment is affirmed.

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