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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs November 28, 2006 MICHAEL DWAYNE EDWARDS v. STATE OF TENNESSEE
Appeal from the Circuit Court for Hickman County No. 06-5020C Jeff Bivins, Judge

No. M2006-01043-CCA-R3-HC - Filed January 11, 2007

Petitioner, Michael Dwayne Edwards, was convicted by a Henry County jury of burglary and received a sentence of nine years as a Range III, persistent offender. His conviction was affirmed on appeal. State v. Michael Dwayne Edwards, No. W1999-00591-CCA-R3-CD, 2000 WL 674671 (Tenn. Crim. App. at Jackson, May 16, 2000), perm. to appeal denied (Tenn. Dec. 4, 2000). On March 22, 2006, the petitioner filed a pro se petition for writ of habeas corpus challenging his classification as a persistent offender. The trial court dismissed his petition without the appointment of counsel or an evidentiary hearing. Following our review, we reverse the judgment of the trial court and remand for appointment of counsel and an evidentiary hearing to determine whether the petitioner received an illegal sentence as the result of an improper range classification. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court is Reversed and Remanded D. KELLY THOMAS, JR., J., delivered the opinion of the court, in which DAVID G. HAYES and ALAN E. GLENN , JJ., joined. Michael Dwayne Edwards, Only, Tennessee, Pro Se. Robert E. Cooper, Jr., Attorney General and Reporter; Leslie Price, Assistant Attorney General, for the appellee, State of Tennessee. OPINION The petitioner, Michael Dwayne Edwards, appeals the trial court's dismissal of his petition for writ of habeas corpus. The record reflects that the petitioner was found guilty of burglary by a Henry County jury and received a sentence of nine years as a Range III, persistent offender. On March 22, 2006, the petitioner filed a pro se petition for writ for habeas corpus contending that his nine year sentence was illegal due to an erroneous offender classification. Upon review of the petition and the state's motion to dismiss, the trial court dismissed the petition without the appointment of counsel or an evidentiary hearing.

ANALYSIS Tennessee law provides that "[a]ny person imprisoned or restrained of his liberty under any pretense whatsoever . . . may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment." Tenn. Code Ann.

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