State of Tennessee v. Amanda Hope McGill

The Defendant, Amanda Hope McGill, appeals as of right from the Sullivan County Circuit Court’s judgment concluding that it did not have jurisdiction over her motion to modify her sentence. Because the Defendant filed her motion well past the 120-day time limit imposed by Tennessee Rule of Criminal Procedure 35, and because the Defendant was housed in a facility under contract with the Tennessee Department of Correction, we agree with the trial court that it lacked jurisdiction to entertain the Defendant’s request for concurrent sentencing or placement in the Community Corrections Program. Therefore, the judgment is affirmed.