Appellate court hears argument over whether drug‑free school‑zone law allows resentencing that shortens confinement period

An appellate panel heard oral argument on a petition by Michael Click asking the court to vacate or remand his Knox County sentence under the Drug‑Free School Zone statute, Tenn. Code Ann. § 39‑17‑432, and to allow resentencing that would affect his period of confinement.

Wesley Stone, counsel for Click, told the court that Click was convicted in Knox County of a Class A felony involving “150 grams or more” of heroin and that the Knox County 25‑year sentence runs concurrent with an 80‑year Sevier County sentence. Stone argued that subsection (h) of § 39‑17‑432, as amended in 2022, speaks to a defendant’s “period of confinement” and therefore allows resentencing that could lead to an earlier release date even where the overall term of years remains unchanged. “The court shall not entertain a motion if resentencing the defendant to a shorter period of confinement for this offense would not lead to an earlier release,” Stone said, and added, “in this case, it…