Opinion
C.C.A. No. 03C01-9701-CR-00028.
March 25, 1998.
JOHNSON COUNTY, HON. LYNN W. BROWN, JUDGE, (Post Conviction — Sentencing).
AFFIRMED PURSUANT TO RULE 20.
FOR THE APPELLANT:
William David Clapp, Pro Se, No. 04405-084.
FOR THE APPELLEE:
John Knox Walkup, Attorney General and Reporter, Georgia Blythe Felner, Counsel for the State, David Crockett, District Attorney General.
OPINION
In this appeal of the summary dismissal of his post-conviction petition Appellant, William David Clapp, asks this Court to review the validity of his conviction entered upon his pleas of guilty on September 11, 1985. Appellant pled guilty to destruction of private property. As part of the plea agreement Appellant received a sentence of eleven months and twenty-nine days, all suspended except ten days.
Without acknowledging his post-conviction petition was time-barred under the three year statute of limitations in effect when his conviction became final, Appellant argues that the enactment on May 10, 1995, of the new one year statute of limitations for post-conviction petitions creates a new one year period in which he may file for post-conviction relief. Our State Supreme Court has only recently resolved this issue adversely to Appellant's position. Carter v. State, Monroe Co., No. 03-S-01-9612-CR-00117 (Tenn. S.Ct. September 8, 1997, at Knoxville). Thus the petition for post-conviction relief was properly dismissed.
Accordingly, the judgment of the trial court is affirmed in all respects pursuant to Rule 20, Rules of the Court of Criminal Appeals.
____________________________________ JERRY L. SMITH, JUDGE
CONCUR:
___________________________________ PAUL G. SUMMERS, JUDGE
___________________________________ DAVID G. HAYES, JUDGE