State v. Irwin, 962 S.W.2d 477 (Tenn. 1998). · Go Syfert
State v. Irwin, 962 S.W.2d 477 (Tenn. 1998). Cases Citing This Book View Copy Cite
106 citation events (100 in the last 25 years) across 3 distinct courts.
Strongest positive: Patrick Michael Wallen v. LC Germantown Owner, LLC (tennctapp, 2026-04-14)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Patrick Michael Wallen v. LC Germantown Owner, LLC
Tenn. Ct. App. · 2026 · confidence medium
App. 2006) (citing State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003); State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); [State v.] Pendergrass, 937 S.W.2d [834,] at 837-38 [(Tenn. 1996)]; State v. Ogle, No. E2000-00421-CCA-R3-CD, 2001 WL 38755 , at *4 (Tenn. Crim.
cited Cited as authority (rule) State of Tennessee v. Ashley Dawn Boyce
Tenn. Crim. App. · 2026 · confidence medium
Accordingly, in State v. Irwin, this Court dismissed an appeal for lack of jurisdiction where “no final judgment of conviction had been entered.” 962 S.W.2d 477, 478 (Tenn. Crim.
cited Cited as authority (rule) State of Tennessee v. Sedrick Darnell Cummings
Tenn. Crim. App. · 2025 · confidence medium
State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003) (first quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); and then quoting State v. Pendergrass, 937 S.W.2d 834, 837 (Tenn. 1996)).
cited Cited as authority (rule) State of Tennessee v. Amy Upton
Tenn. Crim. App. · 2024 · confidence medium
State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003) (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); State v. Pendergrass, 937 S.W.2d 834, 838 (Tenn. 1996)).
discussed Cited as authority (rule) State of Tennessee v. Ernest Seard
unknown court · 2022 · confidence medium
The requirements set forth in Preston, which are now clearly stated in Rule 37, are “explicit and unambiguous.” State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003) (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); State v. Pendergrass, 937 S.W.2d 834, 837 (Tenn. 1996)).
discussed Cited as authority (rule) State of Tennessee v. Lonnie Lynn Graves
Tenn. Crim. App. · 2022 · confidence medium
State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003) (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998)). “[A] substantial compliance standard would be very difficult to apply in a consistent and uniform manner, and therefore would conflict with the very purpose of Preston.” Id.
discussed Cited as authority (rule) State of Tennessee v. Jonathan A. Wheatley
Tenn. Crim. App. · 2020 · confidence medium
Our supreme court has repeatedly made clear that the requirements set forth in Preston, which are now embodied in Rule 37, are “explicit and unambiguous.” State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003) (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); State v. Pendergrass, 937 S.W.2d 834, 837 (Tenn. 1996)).
discussed Cited as authority (rule) State of Tennessee v. Joseph Frank Bolka, III
Tenn. Crim. App. · 2019 · confidence medium
Instead, the requirements are “‘explicit and unambiguous.’” Id. (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998)); see State v. Christopher Christie, No. M2006-00612-CCA-R3-CD, 2007 WL 152484 , at *2 (Tenn. Crim.
discussed Cited as authority (rule) John Ashley Snider v. State of Tennessee
Tenn. Crim. App. · 2018 · confidence medium
These requirements regarding the framing of the question are “‘explicit and unambiguous.’” State v. Day, 263 S.W.3d 891, 899 (Tenn. 2008) (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998)); State v. Pendergrass, 937 S.W.2d 834, 837 (Tenn. 1996).
discussed Cited as authority (rule) State of Tennessee v. Darryl Wilkins Burton (2×)
Tenn. Crim. App. · 2017 · confidence medium
In State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003), the Tennessee Supreme Court held that it had “never applied a substantial compliance standard to the Preston requirements[.]” Instead, it reiterated that the Preston requirements regarding Rule 37 were “‘explicit and unambiguous.’” Id. (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); Pendergrass, 937 S.W.2d at 837 ).
discussed Cited as authority (rule) State of Tennessee v. Jeffery Keith Toone, Jr.
Tenn. Crim. App. · 2017 · confidence medium
The court, in rejecting “a substantial compliance” standard, held that the Preston requirements for appealing a certified question of law under Rule 37 are “„explicit and unambiguous.‟” State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003) (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); Pendergrass, 937 S.W.2d at 837 ).
discussed Cited as authority (rule) State of Tennessee v. Richard Dale Smith
Tenn. Crim. App. · 2016 · confidence medium
Our supreme court has repeatedly made clear that the requirements set forth in Preston, which are now embodied in Rule 37, are “explicit and unambiguous.” State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003) (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); State v. Pendergrass, 937 S.W.2d 834, 837 (Tenn. 1996)).
discussed Cited as authority (rule) State of Tennessee v. Kendall McKenzie Kin Eayrs (2×)
Tenn. Crim. App. · 2015 · confidence medium
In State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003), the Tennessee Supreme Court held that it had “never applied a substantial compliance standard to the Preston requirements[.]” Instead, it reiterated that the Preston requirements regarding Rule 37 were “„explicit and unambiguous.‟” Id. (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); Pendergrass, 937 S.W.2d at 837 ).
discussed Cited as authority (rule) Virginia Louise Burke v. Huntsville NH Operations LLC d/b/a Huntsville Manor
Tenn. Ct. App. · 2015 · confidence medium
Stated another way, “[o]nce the notice of appeal was filed, the jurisdiction of [the appellate] court attached, and, correla-tively, the trial court lost jurisdiction.” State v. Snowden, 2006 WL 1303946 , at *2 (Tenn.Crim.App.2006) (citing State v. Armstrong, 126 S.W.3d 908, 912 (Tenn.2003); State v. Irwin, 962 S.W.2d 477, 479 (Tenn.1998); Pendergrass, 937 S.W.2d at 837-38 ; State v. Ogle, No. E2000-00421-CCA-R3-CD, 2001 WL 38755 , at *4 (Tenn.Crim.App.
discussed Cited as authority (rule) State of Tennessee v. David Lee Hutcherson
Tenn. Crim. App. · 2014 · confidence medium
Our supreme court has repeatedly made clear that the requirements set forth in Preston, which are now clearly stated in Rule 37, are “explicit and unambiguous.” State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003) (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); State v. Pendergrass, 937 S.W.2d 834, 837 (Tenn. 1996)).
cited Cited as authority (rule) State of Tennessee v. William G. Barnett, Jr.
Tenn. Crim. App. · 2014 · confidence medium
State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998).
cited Cited as authority (rule) State of Tennessee v. Michael Shane Springer
Tenn. · 2013 · confidence medium
See Day, 263 S.W.3d at 899-900 ; State v. Irwin, 962 S.W.2d 477, 478-79 (Tenn.1998); Pendergrass, 937 S.W.2d at 836-37 ; Preston, 759 S.W.2d at 650 .
discussed Cited as authority (rule) Maurice Edward Carter v. State of Tennessee
Tenn. Crim. App. · 2013 · confidence medium
These requirements regarding the framing of the question are “‘explicit and unambiguous.’” State v. Day, 263 S.W.3d 891, 899 (Tenn. 2008) (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn.1998)); State v. Pendergrass, 937 S.W.2d 834, 837 (Tenn. 1996).
examined Cited as authority (rule) State of Tennessee v. Leston Parker (3×) also: Cited "see"
Tenn. Crim. App. · 2012 · confidence medium
In State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003), the Tennessee Supreme Court held that it had “never applied a substantial compliance standard to the Preston requirements[.]” Instead, it reiterated that the Preston requirements regarding Rule 37 were “‘explicit and unambiguous.’” Id. (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); Pendergrass, 937 S.W.2d at 837 ).
examined Cited as authority (rule) State of Tennessee v. Jerell Reed (4×) also: Cited "see"
Tenn. Crim. App. · 2012 · confidence medium
In State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003), the Tennessee Supreme Court held that it had “never applied a substantial compliance standard to the Preston requirements[.]” Instead, it reiterated that the Preston requirements regarding Rule 37 were “‘explicit and unambiguous.’” Id. (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); Pendergrass, 937 S.W.2d at 837 ). -4- However, the Tennessee Supreme Court relaxed the Preston requirements slightly by allowing a certified question to be set out in an independent document, so long as the independent document is incor…
discussed Cited as authority (rule) State of Tennessee v. Nicholas Larsen
Tenn. Crim. App. · 2012 · confidence medium
State v. Armstrong, 126 S.W.3d 908, 912-13 (Tenn. 2003) (concluding that “the trial court’s corrective nunc pro tunc order entered after the final judgment while the trial court had jurisdiction and before the filing of a notice of appeal under Rule 36 of the Tennessee Rules of Criminal Procedure complied in all respects with the prerequisites for raising a certified question of law on appeal”); State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998) (stating that a judgment may refer to, or incorporate, an independent document, thereby satisfying the requirements of Preston).
cited Cited as authority (rule) State of Tennessee v. Casey Treat
Tenn. Crim. App. · 2011 · confidence medium
State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998).
discussed Cited as authority (rule) State of Tennessee v. Deangelo M. Radley
Tenn. Crim. App. · 2011 · confidence medium
That being said, Rule 37, as is applicable to this case, permits the review of a certified question of law in instances where the “other document to which [a] judgment refers that is filed before the notice of appeal” otherwise satisfies the requirements of the rule.1 See also State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998) (acknowledging that a separate document that comports with Rule 37 requirements will afford this court jurisdiction so long as the document is incorporated into the judgment).
discussed Cited as authority (rule) State of Tennessee v. Kenneth D. Hubanks (2×) also: Cited "see"
Tenn. Crim. App. · 2011 · confidence medium
State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998).
cited Cited as authority (rule) State of Tennessee v. Bryant K. Pride
Tenn. Crim. App. · 2011 · confidence medium
State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998).
discussed Cited as authority (rule) State of Tennessee v. Lamar Tyrone Harris
Tenn. Crim. App. · 2011 · confidence medium
Our supreme court has repeatedly made clear that the Preston requirements “for appealing a certified question of law under Rule 37 of the Tennessee Rules of Criminal Procedure [are] ‘explicit and unambiguous.’” State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003) (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn.1998); State v. Pendergrass, 937 S.W.2d 834, 837 (Tenn. 1996)).
discussed Cited as authority (rule) State of Tennessee v. Richard Alexander Herrea
Tenn. Crim. App. · 2011 · confidence medium
Our supreme court has repeatedly made clear that the Preston requirements “for appealing a certified question of law under Rule 37 of the Tennessee Rules of Criminal Procedure [are] ‘explicit and unambiguous.’” State v. Armstrong, 126 S.W.3d 908, 912 (Tenn. 2003) (quoting State v. Irwin, 962 S.W.2d 477, 479 (Tenn.1998); State v. Pendergrass, 937 S.W.2d 834, 837 (Tenn. 1996)).
discussed Cited as authority (rule) State of Tennessee v. Joann Williamson (2×) also: Cited "see"
Tenn. Crim. App. · 2011 · confidence medium
See Armstrong, 126 S.W.3d at 911 ; State v. Irwin, 962 S.W.2d 477, 478-79 (Tenn. 1998); State v. Pendergrass, 937 S.W.2d 834, 835 (Tenn. 1996).
discussed Cited as authority (rule) State of Tennessee v. Robert Dale Jarvis
Tenn. Crim. App. · 2010 · confidence medium
In State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998), our Supreme Court relaxed the Preston requirements somewhat by allowing a certified question to be set out in an independent document, and such document to be incorporated by reference into the judgment.
cited Cited as authority (rule) State of Tennessee v. Kristen A. Wilson
Tenn. Crim. App. · 2010 · confidence medium
State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998).
cited Cited as authority (rule) State of Tennessee v. Michael Lamar Pritchett
Tenn. Crim. App. · 2009 · confidence medium
State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998).
discussed Cited as authority (rule) State of Tennessee v. Richard F. Stroud (2×) also: Cited "see"
Tenn. Crim. App. · 2009 · confidence medium
State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998).
discussed Cited as authority (rule) State v. Day (2×)
Tenn. · 2008 · confidence medium
The Preston prerequisites have been strictly construed; indeed, we have described the requirements in Preston as “explicit and unambiguous.” State v. Irwin, 962 S.W.2d 477, 479 (Tenn.1998); State v. Pendergrass, 937 S.W.2d 834, 837 (Tenn.1996).
cited Cited as authority (rule) State of Tennessee v. Faith Whitley
Tenn. Crim. App. · 2008 · confidence medium
State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998).
discussed Cited as authority (rule) State of Tennessee v. Scott Eric McDonald
Tenn. Crim. App. · 2007 · confidence medium
In State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998), our supreme court did relax the Preston requirements somewhat by allowing a certified question to be set out in an independent document with such document being incorporated by reference into the judgment.
discussed Cited as authority (rule) Born Again Church & Christian Outreach Ministries, Inc. v. Myler Church Building Systems of the Midsouth, Inc.
Tenn. Ct. App. · 2007 · confidence medium
Stated another way, “[o]nce the notice of appeal was filed, the jurisdiction of [the appellate] court attached, and, correlatively, the trial court lost jurisdiction.” State v. Snowden, 2006 WL 1303946 , at *2 (Tenn.Crim.App.2006) (citing State v. Armstrong, 126 S.W.3d 908, 912 (Tenn.2003); State v. Irwin, 962 S.W.2d 477, 479 (Tenn.1998); Pendergrass, 937 S.W.2d at 837-38 ; State v. Ogle, No. E2000-00421-CCA-R3-CD, 2001 WL 38755 , at *4 (Tenn.Crim.App.
discussed Cited as authority (rule) State of Tennessee v. Frank Randall Snowden
Tenn. Crim. App. · 2006 · confidence medium
See Armstrong, 126 S.W.2d at 912; State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); State v. Pendergrass, 937 S.W.2d 834, 837-38 (Tenn. 1996); State v. Danny Harold Ogle, No. E2000-00421-CCA-R3-CD, 2001 WL 38755 , at *4 (Tenn. Crim.
discussed Cited as authority (rule) State of Tennessee v. Laranda Conner
Tenn. Crim. App. · 2005 · confidence medium
To the contrary, we have described the requirements in Preston for appealing a certified question of law under Rule 37 of the Tennessee Rules of Criminal Procedure as "explicit and unambiguous." [State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998); State v. Pendergrass, 937 S.W.2d 834, 837 (Tenn. 1996)].
cited Cited as authority (rule) State of Tennessee v. John Whittington
Tenn. Crim. App. · 2005 · confidence medium
See State v. Pendergrass, 937 S.W.2d 835, 837 (Tenn. 1996); State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998).
discussed Cited as authority (rule) State of Tennessee v. Curtis Emmanuel Lane
Tenn. Crim. App. · 2005 · confidence medium
In State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998), our Supreme Court relaxed the Preston requirements somewhat by allowing a certified question to be set out in an independent document, and such document to be incorporated by reference into the judgment.
discussed Cited as authority (rule) State of Tennessee v. Mark Ray Delashmit
Tenn. Crim. App. · 2005 · confidence medium
In State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998), our high court again required specific compliance with the Preston rule, holding that the merits of the appeal could not be reached where the defendant failed to properly reserve the question of law.
cited Cited as authority (rule) State of Tennessee v. Boyd L. Jones, III
Tenn. Crim. App. · 2003 · confidence medium
See also State v. Pendergrass, 937 S.W.2d 834, 836-37 (Tenn. 1996); State v. Irwin, 962 S.W.2d 477, 478-79 (Tenn. 1998).
discussed Cited as authority (rule) State v. Armstrong (2×)
Tenn. · 2003 · confidence medium
Id. at 478-79. *912 Accordingly, our prior decisions demonstrate that we have never applied a substantial compliance standard to the Preston requirements as urged by the defendant in this case.
cited Cited as authority (rule) State of Tennessee v. Carlos Haynes
Tenn. Crim. App. · 2002 · confidence medium
Id. at 650 ; see also State v. Pendergrass, 937 S.W.2d 834, 836-37 (Tenn. 1996); State v. Irwin, 962 S.W.2d 477, 478-79 (Tenn. 1998).
cited Cited as authority (rule) State v. Hord
Tenn. Crim. App. · 2002 · confidence medium
Id. at 650 ; see also State v. Pendergrass, 937 S.W.2d 834, 836-37 (Tenn.1996); State v. Irwin, 962 S.W.2d 477, 478-79 (Tenn.1998).
cited Cited as authority (rule) State of Tennessee v. Jerry Damon Williams
Tenn. Crim. App. · 2001 · confidence medium
Preston, 759 S.W.2d at 650 ; see also State v. Pendergrass, 937 S.W.2d 834, 836-37 (Tenn. 1996); State v. Irwin, 962 S.W.2d 477, 478-79 (Tenn. 1998).
cited Cited as authority (rule) State of Tennessee v. Nicholas J. Johnson
Tenn. Crim. App. · 2001 · confidence medium
State v. Irwin, 962 S.W.2d. 477, 479 (Tenn. 1998) (quoting Preston, 759 S.W.2d at 650 ).
discussed Cited as authority (rule) State v. Randal L. Cheek (2×) also: Cited "see"
Tenn. Crim. App. · 2000 · confidence medium
State v. Irwin, 962 S.W.2d 477, 479 (Tenn. 1998)(citing Preston, 759 S.W.2d at 650 ; see also Pendergrass, 937 S.W.2d at 834 ).
cited Cited as authority (rule) State v. Boyd
Tenn. Crim. App. · 2000 · confidence medium
Id. at 650 (emphasis added); see also State v. Pendergrass, 937 S.W.2d 834, 836-37 (Tenn.1996); State v. Irwin, 962 S.W.2d 477, 478-79 (Tenn.1998).
cited Cited as authority (rule) State v. Robert Bassett Brown
Tenn. Crim. App. · 2000 · confidence medium
State v. Irving, 962 S.W.2d 477, 479 (Tenn. 1998).
Retrieving the full opinion text from the archive…
STATE of Tennessee, Appellee,
v.
Douglas Brian IRWIN, Appellant
03S01-9702-CC-00021.
Tennessee Supreme Court.
Feb 23, 1998.
962 S.W.2d 477
1998 Tenn. LEXIS 90
1998 WL 75300
Gerald C. Russell, Maryville, for Appellant., John Knox Walkup, Attorney General & Reporter, Michael E. Moore, Solicitor General, Kathy M. Yacuzzo, Assistant Attorney General, Nashville, Michael Flynn, District Attorney General, Edward P. Bailey, Assistant District Attorney General, Maryville, for Appellee.
Anderson, Birch, Drowota, Holder, Reid.
Cited by 73 opinions  |  Published

OPINION

DROWOTA, Justice.

On June 7, 1993, the defendant was charged in a one count indictment with contributing to the delinquency of a minor in violation of Tenn.Code Ann. § 37-1-156 (1996 Repl. & Supp.1997) as follows:

DOUGLAS BRIAN IRWIN, on the 18th day of December 1992, in Blount County, Tennessee, and before the finding of this indictment, did unlawfully contribute to the delinquency of [S.A.], a child under 18 years of age, by engaging in sexual intercourse with said child, all of which is against the peace and dignity of the State of Tennessee.

On September 28,1993, the defendant moved to dismiss the indictment “because it does not charge a crime.” The next day, the[*478] defendant withdrew the motion to dismiss and on December 14, 1993, entered a plea of guilty under the indictment. The defendant attempted to reserve for appellate review pursuant to Tenn. R.Crim. P. STCb)®)®, [1] the following question: “Would the act of this sexual intercourse constitute the offense of contributing to the delinquency of a minor under this indictment, number C7302?”

The trial court accepted the defendant’s guilty plea, but did not sentence the defendant on the conviction. Indeed, no order was entered reflecting the trial court’s acceptance of the plea agreement and the purported certified question of law until the case was pending on appeal in the Court of Criminal Appeals. On August 10,1994, the trial court, with the permission of the Court of Criminal Appeals, then filed an “Amended Order Accepting Plea of Guilty.” In that order, the certified question was set out and the trial court stated that a sentence would be imposed after the intermediate court rendered its decision. However, the Court of Criminal Appeals did not reach the merits of the certified question, but concluded instead that it had no jurisdiction because no final judgment of conviction had been entered since the trial court had neither ruled upon the merits of the purported certified question, nor imposed a sentence on the conviction. Accordingly, the appeal was dismissed.

The case went back to the trial court for sentencing, and on July 11, 1995, the trial court entered a judgment imposing sentence for the defendant’s conviction. [2] The final judgment of conviction entered by the trial court did not purport to set forth a certified question for review. Nonetheless, the defendant sought to appeal to the Court of Criminal Appeals, and for statement of the certified question, relied upon the August 10, 1994, order entered by the trial judge which the Court of Criminal Appeals previously had held to be insufficient as a final judgment of conviction.

This time, the Court of Criminal Appeals affirmed the judgment of the trial court, noting that, unlike the allegation in the defendant’s withdrawn motion to dismiss the indictment, the question purportedly certified for appeal did not assert that the indictment failed to state a criminal offense. Instead, the certified question asked the court to decide if the defendant is guilty of contributing to the delinquency of a minor based upon the facts stipulated by the parties. Quoting from its prior decision, the intermediate court concluded that the stipulated facts were inadequate to permit review, and further held that the defendant had waived any complaint regarding the sufficiency of the indictment by withdrawing his motion to dismiss.

Thereafter, we granted the defendant permission to appeal and, after carefully reviewing the record, now conclude that the defendant failed to properly reserve a certified question of law in accordance with Rule 37, Tenn. R.Crim. P. Accordingly, we affirm the judgment of the Court of Criminal Appeals. [3]

CERTIFICATION

Rule 37(b)(2)(i), Tenn. R.Crim. P., provides in pertinent part as follows:

(b) An appeal lies from any order or judgment in a criminal proceeding where the law provides for such appeal, and from any judgment of conviction: (2) Upon a plea of guilty or nolo contendere if: (i) Defendant entered into a plea agreement under Rule 11(e) but explicitly reserved with the consent of the state and of the court the right[*479] to appeal a certified question of law that is dispositive of the case....

In State v. Preston, 759 S.W.2d 647 (Tenn.1988), this Court explained the requirements of Rule 37(b) as follows:

Regardless of what has appeared in prior petitions, orders, colloquy in open court or otherwise, the final order or judgment from which the time begins to run to pursue a T.R.A.P. 3 appeal must contain a statement of the dispositive certified question of law reserved by defendant for appellate review and the question of law must be stated so as to clearly identify the scope and the limits of the legal issue reserved_ Also, the order must state that the certified question was expressly reserved as part of the plea agreement, that the State and the judge are of the opinion that the question is dispositive of the case. Of course, the burden is on defendant to see that these prerequisites are in the final order and that the record brought to the appellate courts contains all of the proceedings below that bear upon whether the certified question of law is dispositive and the merits of the question certified. No issue beyond the scope of the certified question will be considered.

Id., 759 S.W.2d at 650 (emphasis added); see also State v. Pendergrass, 937 S.W.2d 834 (Tenn.1996).

Contrary to the explicit and unambiguous requirements of Preston, the final judgment in this case, entered on July 11, 1995, from which the time for filing an appeal pursuant to Rule 3, Tenn. RApp. P., began to run, makes no reference at all to a reservation of a dispositive question of law for appellate review. Moreover, this judgment does not refer to, nor incorporate, any other independent document which would satisfy the requirements of Preston.

Relying upon the trial court’s order of August 10, 1994, the defendant argues that the question has been properly reserved for review. We point out that, in the first appeal of this ease, the Court of Criminal Appeals held that order insufficient to qualify as a final judgment. Moreover, since that time, we have specifically held that an order entered by a trial court after the filing of the notice of appeal in the Court of Criminal Appeals is not effective to remedy noncompliance with Rule 37, Tenn. R.App. P., because the trial court no longer has jurisdiction. Pendergrass, 937 S.W.2d at 837-38. The August 10, 1994, order in this case falls squarely within that rule. Accordingly, the defendant may not rely upon that order to establish compliance with Rule 37 and Preston.

CONCLUSION

After carefully reviewing the record, we have determined that the defendant failed to properly reserve the right to appeal a certified question of law in accordance with the requirements of Rule 37, Tenn. R.Crim. P. Accordingly, the decision of the Court of Criminal Appeals upholding the trial court’s judgment finding the defendant guilty of contributing to the delinquency of a minor and imposing a sentence thereon is affirmed.

ANDERSON, C.J., and REID and HOLDER, JJ., concur. BIRCH, J., not participating.
1

.Rule 37(b)(2)(I), Tenn. R. Crim. P., provides in pertinent part as follows:

(b) An appeal lies from any order or judgment in a criminal proceeding where the law provides for such appeal, and from any judgment of conviction: (2) Upon a plea of guilty or nolo contendere if: (i) Defendant entered into a plea agreement under Rule 11(e) but explicitly reserved with the consent of the state and of the court the right to appeal a certified question of law that is dispositive of the case....
2

. The defendant was sentenced to eleven months and twenty-nine days, all of which was ordered to be served on supervised probation, ordered to perform three hundred hours of community service, ordered to participate in sex counseling, and ordered to refrain from contacting the victim or her family.

3

. Oral arguments were heard in this case on November 21, 1997 in Kingsport as part of this Court’s S.C.A.L.E.S. (S upreme C ourt A dvanc-ing L egal E ducation for S tudents) project.