State of Tennessee v. Houston Thomas Wilkes

This case comes to this court by way of a delayed appeal. The Defendant, Houston Thomas
Wilkes, was convicted in the Carroll County Circuit Court of domestic assault, violation
of a no-contact order, possession of more than .5 grams of methamphetamine with the
intent to deliver, and possession of fentanyl with the intent to deliver, for which he received
an effective sentence of thirty years as a career offender. The trial court denied the
Defendant’s motion for a new trial on the grounds that it was untimely, and the Defendant
did not file a direct appeal to this court. In a post-conviction petition, the Defendant raised
a claim of ineffective assistance of counsel based, in part, on trial counsel’s failure to file
a timely motion for new trial and a notice of appeal. Without holding an evidentiary
hearing, 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 and
remand to the post-conviction court for an evidentiary hearing and findings of fact
regarding whether a delayed appeal is appropriate in this case.