The trial court found counsel did not file an application for permission to appeal, and counsel failed to advise the appellant he was not going to file an application for permission to appeal on his behalf. The State of Tennessee confesses error. The state agrees this Court should vacate its judgment and reinstate it so the appellant can file an application for permission to appeal. The defendants, Travis Love and James Lee, were convicted upon guilty pleas in the Greene County Criminal Court of the offenses of possession with the intent to sell more than one-half gram of cocaine, a Class B felony, and simple possession of marijuana, a Class A misdemeanor. Lee also pled guilty and was convicted of possessing less than one-half gram of cocaine with the intent to sell or deliver it, a Class C felony.
All sentences are to be served concurrently.
The defendants appeal as of right upon a certified question of law that is dispositive of this case. The appellant, Jonathan Moore, was convicted of aggravated assault, a Class C felony, and coercion of a witness, a Class D felony, by a jury of his peers. The sentences are to be served concurrently, but consecutively to an eight-year sentence for the possession of cocaine with intent to sell. After a thorough review of the record, the briefs submitted by the parties, and the authorities which govern the issues, it is the opinion of this Court the conviction for coercion of a witness should be affirmed, but the conviction for aggravated assault should be reversed and the prosecution against the appellant dismissed for the reasons set forth in this opinion. The appellant, Benjamin Moss, appeals as of right from the dismissal of his suit for post-conviction relief.