Opinion
C.C.A. No. 03C01-9604-CR-00160.
March 27, 1997.
HAMILTON COUNTY, HONORABLE STEPHEN M. BEVIL, JUDGE.
For the Appellant:
Ardena J. Garth, District Public Defender, Donna Robinson Miller, Assistant District Public Defender, Cynthia A. Lecroy-Schemel, Assistant District Public Defender.
For the Appellee:
Charles W. Burson, Attorney General Reporter, M. Allison Thompson, Counsel for the State, District Attorney General, Thomas J. Evans, Assistant District Attorney General.
AFFIRMED.
OPINION
On April 17, 1984 the appellant, Grant D. Henderson, pled guilty to first degree murder and armed robbery. He received a life sentence for first degree murder and thirty-five years for armed robbery. The sentences were ordered to run consecutively. On March 9, 1994 the appellant filed a post-conviction relief petition and alternative habeas corpus petition alleging ineffective assistance of counsel and that his plea was involuntary. His petition was dismissed as untimely.
The appellant had until July 1, 1989 to file his petition for post-conviction relief. His petition was filed on March 9, 1994. There is nothing in the record which shows that the statute of limitations was tolled or that the appellant did not have a reasonable opportunity to timely raise these issues. As well, habeas corpus relief is inapplicable to this case.
We find no error of law mandating reversal. The judgment of the trial court dismissing the petition is affirmed pursuant to Tenn. R. Ct. Crim. App., Rule 20.
__________________________ PAUL G. SUMMERS, Judge
CONCUR:
______________________________ JOHN H. PEAY, Judge
______________________________ CORNELIA A. CLARK, Special Judge