State of Tennessee v. Herbert Eugene Ewing

Syllabus

Herbert Eugene Ewing, Movant, filed a motion pursuant to Tennessee Code Annotatedsection 39-17-432(h) (2022), seeking resentencing of his guilty-pleaded conviction forpossession of 0.5 grams or more of cocaine with intent to sell or deliver within onethousand feet of a park, for which he was sentenced as a Range III persistent offender toserve 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 eligibilitybecause 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 resentencingand remand for further proceedings consistent with this opinion.