State of Tennessee v. Christina N. Powell
CourtCourt of Criminal Appeals of Tennessee
Date FiledSeptember 23, 2026
DocketW2025-01242-CCA-R3-CD
JudgeJudge Stacy L. Street
StatusPublished
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Full Opinion
09/23/2026
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
Assigned on Briefs August 4, 2026
STATE OF TENNESSEE v. CHRISTINA N. POWELL
Appeal from the Circuit Court for Henry County
No. 16523 Bruce Irwin Griffey, Judge
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No. W2025-01242-CCA-R3-CD
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The Defendant, Christina N. Powell, appeals the trial court’s denial of her motion filed
pursuant to Tennessee Rule of Criminal Procedure 35 for reduction of the sentence
imposed following the revocation of her community corrections for possession with
intent to deliver methamphetamine. She argues that the trial court failed to make
sufficient findings on the record to support its denial of her Rule 35 motion and that this
court should reinstate her community corrections sentence. Because the record
sufficiently supports the trial court’s denial of Rule 35 relief, we conclude that the trial
court did not abuse its discretion and affirm.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
STACY L. STREET, J., delivered the opinion of the court, in which JOHN W. CAMPBELL,
SR., and STEVEN W. SWORD, JJ., joined.
Joshua V. Lehde, Franklin, Tennessee (on appeal); and Kaylee Houston, Camden,
Tennessee (at revocation), for the appellant, Christina N. Powell.
Jonathan Skrmetti, Attorney General and Reporter; Benjamin L. Barker, Assistant
Attorney General; J. Neil Thompson, District Attorney General; and Marcus Murdaugh
and Morgan F. Greer, Assistant District Attorneys General, for the appellee, State of
Tennessee.
OPINION
This appeal arises from the trial court’s denial of the Defendant’s motion to reduce
her sentence, filed following the revocation of the community corrections sentence for
the Defendant’s methamphetamine possession conviction.
Factual and Procedural Background
The Defendant was charged by criminal information with one count of possession
of methamphetamine with intent to deliver. See T.C.A. § 39-17-434(a)(4). The
Defendant pleaded guilty1 as charged on August 27, 2021, and received an effective ten-
year sentence, with one year to be served in confinement and the remaining nine years to
be served on community corrections.2
On February 9, 2023, the Defendant was transferred from community corrections
supervision to probation supervised by the Tennessee Department of Correction (TDOC).
On January 30, 2024, she was transferred back to community corrections supervision.
On December 23, 2024, a probation violation warrant issued after the Defendant
tested positive for amphetamines and methamphetamine on November 19, 2024. At the
May 12, 2025 revocation hearing, the Defendant admitted the violation. The Defendant
requested a return to community corrections, or, alternatively, permission to enter the
Hope Center Rehabilitation Program. The Defendant also noted that she had maintained
full-time employment at Sonic for several years. The trial court reviewed the
Defendant’s criminal and supervision history, including her multiple prior convictions,
eight prior probation violations involving drug use, and her previous participation in
rehabilitation.
In considering the appropriate disposition, the trial court observed that individuals
struggling with addiction sometimes require “hard, firm” consequences. The court also
noted that it had recently addressed similar cases involving repeated probation violations
and positive drug screens for methamphetamine and stated that it “ha[d] to try to be
consistent and fair to everybody.” The trial court acknowledged that the Defendant
admitted the violation, then stated that it would undermine the seriousness of the offense
and the importance of complying with court orders to allow anything besides full
revocation. The court fully revoked the Defendant’s community corrections sentence and
1
The Defendant acknowledges that the transcript of the guilty plea hearing is not included in the
record. The record indicates that the transcript was lost due to complications arising from emergency
protocols implemented during the COVID-19 pandemic. However, the record is sufficient to permit
meaningful review of the issue raised in this appeal. See State v. Holley, No. W2024-00748-SC-R11-CD,
2026 WL 2149085 (Tenn. July 27, 2026).
2
The Defendant’s sentence was ordered to be served consecutively to a sentence imposed in a
separate Henry County case.
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ordered the Defendant to serve the original sentence in TDOC, with credit for the time
served on community corrections.
On July 16, 2025, the Defendant filed a motion for reduction of sentence and
notice of hearing, asking the trial court to “consider granting an amended sentence
ordering a partial revocation . . . and releasing [the Defendant] to supervised probation
with stricter probation terms”. On July 21, 2025, the trial court entered an order denying
the Defendant’s motion. The court noted that the Defendant had admitted that she failed
a drug screen and that she had more than one prior felony conviction. It further explained
that the court’s decision to fully revoke the Defendant’s community corrections sentence
was “based upon her past criminal history and her failure to comply with conditions of
probation.” Concluding that a hearing was unnecessary, the trial court denied the motion
without a hearing. The Defendant timely appealed.
Analysis
On appeal, the Defendant argues that the trial court failed to make sufficient
findings on the record to support its denial of her Rule 35 motion. The Defendant
contends that, because the record is insufficient, this court should reinstate her
community corrections sentence or, alternatively, remand the case for the trial court to
make sufficient findings on the record. The State responds that the trial court did not
abuse its discretion by denying the Defendant’s Rule 35 motion.
Tennessee Rule of Criminal Procedure 35 provides that “[t]he trial court may
reduce a sentence upon motion filed within 120 days after the date the sentence is
imposed or probation is revoked.” Tenn. R. Crim. P. 35(a). The trial court may deny a
Rule 35 motion “without a hearing.” Tenn. R. Crim. P. 35(c); see also Tenn. R. Crim. P.
35, Advisory Comm’n cmt. (“While the judge may grant a hearing and modify the
sentence, there is no requirement that a hearing even be held in the discretion of the
court.”). When a trial court grants a Rule 35 motion, the trial court “may reduce a
sentence only to one the court could have originally imposed.” Tenn. R. Crim. P. 35(b).
Rule 35 itself provides the right to appeal the denial of a motion for reduction of a
sentence. See Tenn. R. Crim. P. 35(d) (“The defendant may appeal the denial of a motion
for reduction of sentence but shall not be entitled to release on bond unless already under
bond. If the court modifies the sentence, the state may appeal as otherwise provided by
law.”). The standard of review in a Rule 35 appeal is whether the trial court abused its
discretion when acting upon the motion. See State v. Ruiz, 204 S.W.3d 772, 778 (Tenn.
2006); see also State v. Irick, 861 S.W.2d 375, 376 (Tenn. Crim. App. 1993). “A trial
court abuses its discretion when it applies incorrect legal standards, reaches an illogical
conclusion, bases its ruling on a clearly erroneous assessment of the proof, or applies
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reasoning that causes an injustice to the complaining party.” State v. Phelps, 329 S.W.3d
436, 443 (Tenn. 2010).
“The intent of this rule is to allow modification only in circumstances where an
alteration of the sentence may be proper in the interests of justice.” Tenn. R. Crim. P. 35,
Advisory Comm'n cmt.; see also State v. Hodges, 815 S.W.2d 151, 154 (Tenn. 1991).
Consistent with this purpose,
Rule 35 does not require the defendant to make any particular showing in
support of the motion and affords the trial court broad discretion to
determine whether reduction of the initial sentence is appropriate in the
interest of justice. In these circumstances, Rule 35 functions simply as a
second opportunity for a defendant to make a plea for leniency. It provides
the trial court an opportunity to again consider, after reflection or upon
receipt of new probationary reports or other information, whether the initial
sentence is too severe for any reason.
State v. Patterson, 564 S.W.3d 423, 433-34 (Tenn. 2018).
An appeal from the denial of a Rule 35 motion is “separate and distinct” from an
appeal challenging the original judgment, including the sentence imposed. Ruiz, 204
S.W.3d at 777 (quoting State v. Bilbrey, 816 S.W.3d 71, 75 (Tenn. Crim. App. 1991)).
The denial of a Rule 35 motion does not constitute imposition of a new sentence; rather,
it leaves the previously imposed sentence in place. Ruiz, 204 S.W.3d at 777; see also
Bilbrey, 816 S.W.3d at 75. Accordingly, a Rule 35 appeal may not be used to relitigate
issues concerning the underlying sentencing or revocation determination. See State v.
Click, No. E2015-01769-CCA-R3-CD, 2017 WL 1189750, at *23 (Tenn. Crim. App.
Mar. 30, 2017) (rejecting a Rule 35 argument that sought to relitigate the trial court’s
original sentencing determination) perm. app. denied (Tenn. Aug. 16, 2017); see also
State v. Sanders, No. W2016-02191-CCA-R3-CD, 2017 WL 5501349, at *3 (Tenn. Crim.
App. Nov. 16, 2017).
Here, the Defendant did not appeal the order revoking her community corrections
sentence. Accordingly, neither the propriety of the revocation nor the consequence
imposed upon revocation is before this court. Rather, our review is limited to whether
the trial court abused its discretion by denying the Defendant’s Rule 35 motion. The
Defendant nevertheless argues that the trial court failed to make sufficient findings in
denying Rule 35 relief and that, as a result, this court should review the matter de novo.
We disagree. Rule 35 expressly permits a trial court to deny a motion for reduction of
sentence without hearing, and we review that decision for an abuse of discretion. Tenn.
R. Crim. P. 35(c); Ruiz, 204 S.W.3d at 777. Rule 35 contains no express requirement that
the trial court make specific findings when denying a motion for reduction of a sentence.
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Moreover, the basis for the trial court’s denial is sufficiently apparent from the
record. In ordering full revocation, the trial court considered the Defendant’s admission
to the violation, her history of prior drug-related violations, and her request for an
alternative to incarceration. The court concluded that a sanction short of full revocation
would undermine the seriousness of the violation and the importance of complying with
court orders. In denying the Defendant’s subsequent Rule 35 motion, the trial court again
referenced her criminal history and repeated failure to comply with the conditions of
supervision. Although the trial court need not make any particular findings, we conclude
that these findings were supported by the record and sufficient to support the denial.
To the extent the Defendant argues that those considerations were legally or
factually insufficient to justify the underlying revocation, her argument attacks the
revocation decision itself rather than the denial of Rule 35 relief. The Defendant’s Rule
35 motion largely repeated the same grounds for leniency that she presented at the
revocation hearing. The Defendant did not appeal the underlying revocation order, and a
Rule 35 appeal does not provide a vehicle for belated review of the propriety of that
revocation. See Sanders, 2017 WL 5501349, at *3. Thus, the Defendant is not entitled to
relief on this claim.
Conclusion
Based upon the foregoing, we hold that the trial court did not abuse its discretion
by denying the Defendant’s Rule 35 motion, and we affirm the judgment of the trial
court.
______s/ Stacy L. Street
STACY L. STREET, JUDGE
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