State of Tennessee v. Houston Thomas Wilkes

Syllabus

This case comes to this court by way of a delayed appeal. The Defendant, Houston ThomasWilkes, was convicted in the Carroll County Circuit Court of domestic assault, violationof a no-contact order, possession of more than .5 grams of methamphetamine with theintent to deliver, and possession of fentanyl with the intent to deliver, for which he receivedan effective sentence of thirty years as a career offender. The trial court denied theDefendant's motion for a new trial on the grounds that it was untimely, and the Defendantdid not file a direct appeal to this court. In a post-conviction petition, the Defendant raiseda claim of ineffective assistance of counsel based, in part, on trial counsel's failure to filea timely motion for new trial and a notice of appeal. Without holding an evidentiaryhearing, the post-conviction court entered an agreed order granting a delayed appeal.Because a delayed appeal cannot be granted by agreement of the parties, we reverse andremand to the post-conviction court for an evidentiary hearing and findings of factregarding whether a delayed appeal is appropriate in this case.