Opinion
C.C.A. No. 03C01-9709-CR-00388.
October 13, 1998.
APPEAL FROM THE KNOX COUNTY, RAY L. JENKINS, JUDGE.
AFFIRMED PURSUANT TO RULE 20.
FOR THE APPELLANT:
ALBERT J. NEWMAN, JR.
FOR THE APPELLEE:
JOHN KNOX WALKUP, Attorney General and Reporter, JANIS L. TURNER, Counsel for the State, RANDALL E. NICHOLS, District Attorney General.
ORDER
The Appellant filed the instant appeal to preserve his rights to post-conviction relief in the event the Tennessee Supreme Court were to rule that the case of State v. Anthony, 817 S.W.2d 299 (Tenn. 1991), announced a new constitutional rule which requires retroactive application. In fact our Supreme Court has now held that Anthony did not announce a new constitutional rule.Moore v. State, 943 S.W.2d 878 (Tenn. 1997). The Appellant now acknowledges that his petition for post-conviction relief is time-barred and that the trial court was correct in dismissing it. The State agrees.
Accordingly, the judgment of the trial court is AFFIRMED pursuant to Rule 20, Rules of the Court of Criminal Appeals. It appearing that the Appellant is indigent costs of the appeal will be paid by the State.
PER CURIAM
SMITH, SUMMERS, HAYES.