Opinion
No. 02-C-01-9603-CR-00086.
February 18, 1997.
SHELBY COUNTY, BERNIE WEINMAN, JUDGE.
For the Appellant:
Daniel L. Flatt, Assistant Public Defender, (Appeal Only), Ellen H. Pollack, Donna J. Armstard, Assistant Public Defender, (Trial Only), District Attorney General, OF COUNSEL: A C Wharton, Jr., Assistant District Attorney General.
For the Appellee:
Charles W. Burson, Attorney General Reporter, Assistant Attorney General, John W. Pierotti, Reginald Henderson, Assistant Public Defender.
JUDGMENT VACATED AND REINSTATED.
OPINION
The sole issue presented for review is whether the appellant is entitled to have the judgment of this Court vacated and reinstated to permit the filing of an application for permission to appeal in the supreme court. The trial court found counsel did not file an application for permission to appeal, and counsel failed to advise the appellant he was not going to file an application for permission to appeal on his behalf. The State of Tennessee confesses error. The state agrees this Court should vacate its judgment and reinstate it so the appellant can file an application for permission to appeal.
The judgment entered on September 15, 1993, in State v. Derrick Johnson, Shelby County No. 02-C-01-9302-CR-00016 (Tenn.Crim.App., Jackson, September 15, 1993), is hereby vacated and reinstated. The appellant will have sixty (60) days from the date this opinion is filed to prepare and file an application for permission to appeal in the supreme court.
__________________________________________ JOE B. JONES, PRESIDING JUDGE
CONCUR:
_______________________________________ JOHN H. PEAY, JUDGE
_______________________________________ JOE G. RILEY, JUDGE