Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs August 15, 2017
from the Criminal Court for Davidson County No. 2010-B-1000
Mark J. Fishburn, Judge
Defendant, Reba Nell Woods, appeals the denial of her
"Motion to Modify Judgment, " which was interpreted
by the trial court as a motion to reduce sentence pursuant to
Tennessee Rule of Criminal Procedure 35. In this appeal, the
Defendant argues that the trial court retained jurisdiction
to decide her motion, even though she was in custody of the
Tennessee Department of Correction. In response, the State
contends that the Defendant's motion was untimely by 118
days, an alternative basis upon which the trial court relied
in denying relief. Upon our review, we affirm the judgment of
the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Nell Woods, Nashville, Tennessee, pro se.
Herbert H. Slatery III, Attorney General and Reporter;
Alexander C. Vey, Assistant Attorney General; Glenn R. Funk,
District Attorney General; and Janice Norman, Assistant
District Attorney General, for the appellee, State of
Camille R. MCMULLEN, J., delivered the opinion of the court,
in which Thomas T. Woodall, P.J., and Robert L. Holloway,
Jr., J., joined.
CAMILLE R. MCMULLEN, JUDGE
23, 2011, a Davidson County Criminal Court Jury convicted the
Defendant of three counts of selling twenty-six grams or more
of cocaine within 1, 000 feet of a school and two counts of
selling twenty-six grams or more of cocaine within 1, 000
feet of a park. The trial court sentenced her as a Range III,
career offender to an effective sentence of ninety years'
imprisonment. On direct appeal, this court held that the
trial court erred by failing to sever counts three, four, and
five and reversed and remanded those convictions for a new
trial on the charges. This court affirmed the Defendant's
convictions in counts one and two, which were also remanded
to the trial court to reflect that the offenses did not occur
in a drug-free zone. In addition, this court instructed the
trial court to consider whether the Defendant's mandatory
thirty-year sentences should be served consecutively. See
State v. Reba Nell Woods, No. M2012-01922-CCA-R3-CD,
2013 WL 6406275 at *1 (Tenn. Crim. App. Dec. 9, 2013). On
remand, the trial court resentenced the Defendant on June 29,
2016, to concurrent sentences of thirty years'
incarceration in counts one and two, to be served
consecutively to an unrelated parole violation.
February 27, 2017, the Defendant filed the instant pro se
"Motion to Modify Judgment, " which failed to cite
any legal authority or basis upon which relief was sought.
The four paragraph motion asserted as follows:
Petitioner was sentenced to thirty years at 60% as a Range
III offender. Petitioner submits that her charges are to be
served concurrently however she was previously sentenced as a
Range III offender at a 45% range. The Petitioner was
resentenced on June 29, 2016 pursuant to the Court of
Criminal Appeals opinion under citation
M2012-019222-CCA-R3-CD. Both active charges are under case
number 2010-B-1000, counts 1 and 2, are to be run concurrent
to each other and to run consecutive to case numbers
99-D-2260 and 99-B-867. The Petitioner submits that both of
these charges have since expired, the respective expiration
dates being December 14, 2015 for case number 99-D-2260 and
December 23, 2011 for case number 99-B-867.
Petitioner . . . is eligible to be sentence[d] at a 45% range
under the Tennessee Sentencing Guidelines for a Range III
offender. The Petitioner submits that she would also be
subject to mandatory minimum sentencing under Federal
Petitioner has been disciplinary free since 2012. The
Petitioner has taken her incarceration seriously and has
tried to maintain a good behavior record and attends school
working on obtaining her education.
WHEREFORE, premises considered, the Petitioner hereby
respectfully requests that her judgment be modified to allow
for her all of her charges to [sic] served as a Range III
offender where all charges would ...