State of Tennessee v. Michael Lee Hogan

The Defendant, Michael Lee Hogan, pled guilty to one count of selling less than .5 grams of a schedule II controlled substance, cocaine. In accordance with the plea agreement, the trial court sentenced the Defendant to twelve years in prison, as a Range II offender at thirty-five percent. The Defendant filed a motion to withdraw his guilty plea, which the trial court denied. The Defendant now appeals, contending that: (1) the trial court erred when it denied his motion to withdraw his guilty plea because his guilty plea was not knowingly and voluntarily entered; and (2) his sentence is illegal. Because the trial court erroneously determined that it lacked jurisdiction to hear the Defendant's motion to withdraw his guilty plea and, therefore, summarily denied the motion, we reverse and remand to the trial court for further proceedings.