State of Tennessee v. Kevin M. Thompson A.K.A. Kevin M. Albert

Defendant, Kevin M. Thompson a.k.a. Kevin M. Albert, appeals from the trial court’s summary dismissal of his motion filed pursuant to Tennessee Rule of Criminal Procedure 36.1. The State concedes that the trial court erred by summarily dismissing Defendant’s motion; however, the State argues that this appeal should be dismissed because Defendant’s notice of appeal was untimely filed. Following our review of the parties’ briefs, the record, and the applicable law, we waive the timely filing of the notice of appeal. Furthermore, we reverse the trial court’s order dismissing the motion and remand for appointment of counsel if Defendant is indigent and for other proceedings pursuant to Tennessee Rule of Criminal Procedure 36.1.