Smith v. State

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 eviden-tiary hearing to determine whether the defendant filed his petition within the statute of limitations for the Tennessee Post-Conviction Procedure Act.

*6On October 12, 1976, the defendant entered a guilty plea to the charge of second degree burglary and was sentenced to three years. A Petition for Post-Conviction Relief was filed with the Clerk of Court…