Smith v. State

HUNTER, Justice.

This cause is before us on the petition to transfer of Gregory Smith, who, proceeding pro se, seeks review of the memorandum decision of the Court of Appeals, Smith v. State, (PS 421, handed down March 16, 1981) (Ratliff, J., dissenting). 418 N.E.2d 577. There, the Court of Appeals dismissed Smith’s appeal. We hereby grant transfer, vacate the decision of the Court of Appeals, and remand the cause to the trial court for further proceedings not inconsistent with this opinion.

Smith was tried and convicted of a felony in the Shelby Circuit Court. Subsequent to his sentencing, he…