Opinion
C.C.A. No. 01C01-9607-CR-00309.
June 26, 1997
Appeal from Davidson County, Honorable Ann Lacy Johns, Judge.
FOR THE APPELLANT:
Jessie James House, Pro Se.
FOR THE APPELLEE:
Charles W. Burson, Attorney General Reporter, Daryl J. Brand, Assistant Attorney General, Victor S. (Torry) Johnson III, District Attorney General, Roger D. Moore, Asst. Dist. Attorney General.
AFFIRMED
OPINION
The appellant, Jessie James House, was convicted in 1987 of robbery accomplished by use of a deadly weapon. In 1995 he filed a petition for post-conviction relief, approximately seven years after his conviction became final. The trial court dismissed the petition on the ground that it was barred by the statute of limitations.
The appellant's conviction became final in August 1988. At that time the law allowed three years to file a petition for post-conviction relief. Tenn. Code Ann. § 40-30-102 (1990). The appellant's time period for filing his petition expired in August 1991. Therefore, his petition is time barred.
Notwithstanding the untimeliness of the appellant's petition, we reviewed his issues. The issues have been waived or simply lack merit. There is some confusion about a previous post-conviction case which attacked a 1979 conviction and is apparently referred to in the trial court's order dismissing this petition. Nonetheless, this error does not affect the statute of limitations issue.
Accordingly, we find no error of law mandating reversal. The trial court's dismissal of the appellant's petition is affirmed in accordance with Tenn. R. Ct. Crim. App., Rule 20.
__________________________ PAUL G. SUMMERS, Judge
CONCUR:
__________________________ DAVID G. HAYES, Judge
__________________________ JERRY L. SMITH, Judge