CUMECUS R. CATES v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on Aug 21, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Cumecus Cates, Appellant, Whiteville, Tennessee, pro se.

Attorneys 2:

Robert Cooper, Attorney General and Reporter; Lacy Wilber, Assistant Attorney General Criminal Justice Division, for the appellee, State of Tennessee.

Judge(s): WALKER

The pro se petitioner appeals the summary dismissal of his motion to correct an illegal sentence, per Tennessee Rule of Criminal Procedure 36.1. Following our review of the parties' briefs, the record, and the applicable law, we find the petitioner’s motion stated a colorable Rule 36.1 claim for review of illegal sentences. Therefore, we reverse the trial court's summary dismissal and remand for proceedings consistent with this opinion.

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