Opinion
C.C.A. No. 02C01-9703-CR-00112.
January 8, 1998.
SHELBY COUNTY, Honorable John P. Colton, Judge, (Post-Conviction: Aggravated Rape).
AFFIRMED.
FOR THE APPELLANT: Shedrick Carruthers, Pro Se.
FOR THE APPELLEE: John Knox Walkup, Attorney General Reporter, Clinton J. Morgan, Counsel for the State, William L. Gibbons, District Attorney General, Alanda Horne, Assistant District Attorney General.
OPINION
This case represents an appeal from the dismissal of the petitioner's petition for post-conviction relief. On May 10, 1990, the petitioner pled guilty to aggravated rape and was sentenced to seventeen years imprisonment. No appeal was taken. On January 28, 1997, the petitioner filed a petition for post-conviction relief alleging an invalid indictment. Finding that the statute of limitations had expired, the trial court dismissed the petition without a hearing.
Pursuant to T.C.A. § 40-30-202(a), a person in custody under a sentence of a court of this state must petition for post-conviction relief within one year of the date of the final action of the highest state appellate court to which an appeal is taken or, if no appeal is taken, within one year of the date on which judgment became final. The Post-Conviction Procedure Act provides several limited exceptions to the one-year statute of limitations, however none of them are applicable to the present case. See § 40-30-202(b). Judgment in this case became final on May 10, 1990, and the petitioner did not file his petition for post-conviction relief until January 28, 1997. Accordingly, his petition is clearly barred by the statute of limitations.
We conclude, therefore, that the trial court did not err in dismissing the petitioner's petition for post-conviction relief. Accordingly, it is hereby ORDERED that the judgment of the trial court is affirmed in accordance with Rule 20, Rules of the Court of Criminal Appeals.
________________________________ PAUL G. SUMMERS, JUDGE
CONCUR:
_________________________________ DAVID G. HAYES, JUDGE
_________________________________ JOE G. RILEY, JUDGE