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State v. Hudson

Court of Criminal Appeals of Tennessee, Jackson

March 23, 2017

STATE OF TENNESSEE
v.
JOHN HUDSON

          Assigned on Briefs March 7, 2017

         Appeal from the Criminal Court for Shelby County No. 09-04562 Chris Craft, Judge

         John Hudson ("the Defendant") appeals the trial court's denial of his motion for reduction of sentence under Rule 35 of the Tennessee Rules of Criminal Procedure, asserting that he was entitled to relief because the trial court acted without jurisdiction when it revoked the Defendant's probation. Discerning no error, we affirm the judgment of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          John Hudson, Memphis, Tennessee, pro se.

          Herbert H. Slatery III, Attorney General and Reporter; Zachary T. Hinkle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Reggie Henderson, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and James Curwood Witt, Jr., J., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE

         On July 23, 2009, the Shelby County Grand Jury indicted the Defendant for theft over $10, 000 and burglary. Pursuant to a plea agreement, the Defendant pleaded guilty, as a Range I standard offender, to theft over $10, 000 on October 27, 2010, and was sentenced to five years' probation.[1] On November 12, 2014, the trial court issued a probation violation warrant based on allegations that the Defendant was arrested for theft over $10, 000 on October 7, 2014, in Brownsville and that the Defendant traveled outside the county without permission. On October 29, 2015, the trial court entered an order revoking the Defendant's probation. On April 5, 2016, the Defendant filed a pro se Motion for Rule 35 Correction, Modification, and/or Reduction on Currently Imposed Sentence. The trial court denied the Defendant's motion without a hearing. The trial court found that:

The [D]efendant, while on probation for a [five] year sentence for [t]heft over $10, 000, committed the same crime again while on probation, and it took the Shelby County fugitive squad ten months to serve him with the warrant for violation. His probation was revoked October 29, 2015. This court feels he is undeserving of having his sentence reduced.

         This appeal follows.

         Analysis

         On appeal, the Defendant contends that the trial court did not have jurisdiction to revoke his probation because he had successfully completed probation before the filing of the violation warrant. As such, the Defendant argues, the trial court should have granted his Rule 35 motion "in the interest of justice." The State responds that the Defendant waived any challenge to the initial probation revocation because he did not appeal the trial court's order and that the ...


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