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SMITH v. STATE

873 S.W.2d 5 (1993)

Gary Lynn SMITH, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee, at Knoxville.

September 21, 1993.

Attorney(s) appearing for the Case

Charles M. Corn, Dist. Public Defender, Cleveland, for appellant.

Charles W. Burson, Atty. Gen. & Reporter, Kimbra R. Spann, Asst. Atty. Gen., Nashville, Jerry N. Estes, Dist. Atty. Gen., Lance Karl Hiltbrand, Asst. Dist. Atty. Gen., Athens, for appellee.

No Permission to Appeal Applied for to the Supreme Court.

OPINION

PEAY, Judge.

The defendant pled guilty to second degree burglary.1 The defendant appeals as of right from the trial court's dismissal of his post-conviction petition to set aside the plea as unconstitutional.2 We remand for an evidentiary hearing to determine whether the defendant filed his petition within the statute...

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