State of Tennessee v. Herbert Eugene Ewing

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.