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Posted by: Tanja Trezise on Aug 14, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

David Morrow, Memphis, Tennessee, pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulaney Faughn, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Ann Schiller, Assistant District Attorney General, for the appellee, State of Tennessee

Judge(s): PAGE

Appellant pleaded guilty to failure to appear and unlawful possession of a controlled substance with intent to sell or deliver. Appellant later filed a Motion to Correct Illegal Sentences pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court summarily dismissed. On appeal, appellant argues that the trial court erred by summarily dismissing his motion without appointing counsel after he had stated a colorable claim for relief. The State concedes that this case should be remanded to the trial court because appellant stated a colorable claim for relief pursuant to Rule 36.1. Following our review of the parties’ briefs, the record, and the applicable law, we reverse the trial court’s judgment and remand for proceedings consistent with this opinion.