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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs November 17, 2004

STACY DEWAYNE RAMSEY v. STATE OF TENNESSEE
Appeal as of Right from the Circuit Court for Montgomery County
No. 40000072 John H. Gasaway, III, Judge

No. M2003-02969-CCA-R3-PC - Filed January 21, 2005
Appellant, Stacy Dewayne Ramsey, filed a petition for post-conviction relief challenging his conviction for first degree murder and sentence of life without the possibility of parole.  The petition was timely filed. Approximately two months after the petition was filed, the post-conviction court entered an order summarily dismissing the petition without a hearing. Appellant has appealed from this order, and the State concedes that the matter should be reversed and remanded for proceedings in accordance with Post-Conviction Procedure Act.  We agree and accordingly,  reverse the judgment of the post-conviction court and remand this matter for proceedings in accordance with the Post-Conviction Procedure Act.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Reversed and Remanded
THOM AS T. WOODALL, J., delivered the opinion of the court, in which JOSEPH M. TIPTON and ALAN
E. GLENN, JJ., joined.
Stacy Dewayne Ramsey, pro se, for the appellant.
Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; and John Wesley Carney, Jr., District Attorney General, for the appellee, State of Tennessee.

OPINION
Appellant, along with two co-defendants, was originally indicted by the Carroll County Grand Jury for one count of first degree murder.  Subsequently, venue was changed in Appellant's case twice, with his trial ultimately being held in the Montgomery County Circuit Court.  His conviction and sentence were affirmed on direct appeal, State v. Stacy Dewayne Ramsey, No. 01C01

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Tennessee Law