State v. Scales

OPINION

pgjj CURIAM.

The Appellants, State of Tennessee, and Wendell Scales, have each filed Applications for Permission to Appeal pursuant to Rule 11, Tenn.R.App.P.

The State of Tennessee presents the following issue for review: “Did the Court of Criminal Appeals correctly construe the words ‘criminal case’ in Rule 4(a), Tenn.R. App.P. to include appeals in post-conviction cases?” The State contends that defendant’s appeal to the Court of Criminal Appeals should have been dismissed due to the untimely filing of the notice of appeal. The defendant did not file his notice of appeal until…