Moss v. State

Full title: BENJAMIN MOSS, APPELLANT, v. STATE OF TENNESSEE, APPELLEE

Court: Court of Criminal Appeals of Tennessee. , at Jackson

Date published: Feb 18, 1997

No. 02-C-01-9602-CR-00064 (Tenn. Crim. App. Feb. 18, 1997)

Opinion

No. 02-C-01-9602-CR-00064.

February 18, 1997

Shelby County, Leonard T. Lafferty, Judge, (Post-Conviction Relief).

FOR THE APPELLANT:

W. Mark Ward, Assistant Public Defender, (Appeal Only), Sherry Brooks, Assistant Public Defender, (Trial Only).

OF COUNSEL:

A C Wharton, Jr., Shelby County Public Defender.

FOR THE APPELLEE:

Charles W. Burson, Attorney General Reporter, Clinton J. Morgan, Counsel for the State, John W. Pierotti, District Attorney General, Karen Cook, Assistant District Attorney General.

REVERSED; JUDGMENT VACATED AND REINSTATED

JONES, Presiding Judge

OPINION

The appellant, Benjamin Moss, appeals as of right from the dismissal of his suit for post-conviction relief. He contends counsel terminated his right to file an application in the Supreme Court pursuant to Rule 11, Tennessee Rules of Appellate Procedure. The State of Tennessee confesses error. The state says in its brief: "Appellant is entitled to have the judgment entered on November 2, 1994, vacated and immediately reinstated in order to allow him to file with the Tennessee Supreme Court an application for permission to appeal." The record supports the state's position.

The judgment of this Court entered on November 2, 1994 by this Court is vacated, and the judgment is immediately reinstated. Thus, the appellant will have sixty (60) days from the date this opinion is filed with the Clerk of this Court to file an application for permission to appeal pursuant to Rule 11, Tennessee Rules of Appellate Procedure, with the Supreme Court.

_____________________________________ JOE B. JONES, PRESIDING JUDGE

CONCUR:

____________________________________ PAUL G. SUMMERS, JUDGE

____________________________________ DAVID G. HAYES, JUDGE