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Posted by: Suzanne Craig Robertson on Oct 22, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Omar Robinson, Atlanta, Georgia, Pro Se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Robert Steven Bebb, District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Appellant, Omar Robinson, pleaded guilty to two counts of possession of cocaine with intent to sell and two counts of simple possession of marijuana. Appellant later filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court summarily dismissed, holding that appellant’s sentence had expired. On appeal, appellant argues that the trial court erred by summarily dismissing his motion because an illegal sentence may be challenged at any time pursuant to Rule 36.1. The State concedes that this case should be remanded to the trial court. 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.