Modify or Reduce Sentence (Rule 35)

Except as indicated, all indented material is copied directly from the court’s opinion.

Decisions of the Tennessee Supreme Court

State v. Deberry, No. W2019-01666-SC-R11-CD, p. 4 (Tenn. Aug. 30, 2022). 

When a trial court reduces a defendant’s sentence under Tennessee Rule of Criminal Procedure 35, we review that decision for abuse of discretion. State v. Tolle, 591 S.W.3d 539, 545 (Tenn. 2019).

Decisions of the Tennessee Court of Criminal Appeals

State of Tenn. v. Crawford, No. M2021-00271-CCA-R3-CD (Tenn. Ct. Crim. App. Apr. 7, 2022).

Appellate review of a motion to reduce a sentence pursuant to Rule 35 is for abuse of discretion. State v Patterson, 564 S.W.3d 423, 430 (Tenn. 2018). If a defendant has pleaded guilty with an agreement as to the sentence, he must show a post-sentencing change in circumstances to justify a reduction or modification of the sentence. Id. at 434. However, if he pleaded guilty without a sentencing agreement, he is not required to make a particular showing in order to obtain a reduction if the interests of justice require. Id. at 433-34.


State of Tennessee v. Williams, No. E2021-00339-CCA-R3-CD (Tenn. Ct. Crim App. Mar. 4, 2022) (denial of Rule 35 motion affirmed).

When reviewing the trial court’s decision on a Rule 35 motion,  our  standard of review is abuse of discretion.  State v. Irick, 861  S.W.2d 375 (Tenn.  Crim.  App.  1993).


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