RODOLFO GUERRA ROSALES v. STATE OF TENNESSEE

RODOLFO GUERRA ROSALES v. STATE OF TENNESSEE
M2019-01375-CCA-R3-PC

The Petitioner, Rodolfo Guerra-Rosales, pleaded guilty in General Sessions Court to misdemeanor drug possession, and the court imposed a probation sentence of eleven months and twenty-nine days. The Petitioner timely filed a post-conviction petition in circuit court, alleging that his guilty plea in general sessions court was involuntary based upon the ineffective assistance of counsel. The post-conviction court summarily dismissed the petition, concluding that the claim was not cognizable and that the court lacked jurisdiction to hear the petition. On appeal, the Petitioner asserts, and the State concedes, that the post-conviction court had jurisdiction to consider the petition and that his petition stated a colorable claim. After review, we reverse the post-conviction court’s dismissal and remand for an evidentiary hearing on the Petitioner’s claim.

Authoring Judge: 
Judge Robert W. Wedemeyer
Originating Judge: 
Judge Royce Taylor
Date Filed: 
Thursday, May 21, 2020