Rutherford v. State

Full title: DAVID E. RUTHERFORD, Petitioner/Appellant v. STATE OF TENNESSEE…

Court: Court of Criminal Appeals of Tennessee. at Knoxville

Date published: Sep 10, 1997

C.C.A. No. 03CO1-9610-CR-00373 (Tenn. Crim. App. Sep. 10, 1997)

Opinion

C.C.A. No. 03CO1-9610-CR-00373.

September 10, 1997.

KNOX COUNTY, HON. RICHARD BAUMGARTNER, JUDGE.

AFFIRMED.

For the Appellant:

Mark E. Stephens, District Public Defender.

Sandy R. Copous.

Paula R. Voss, Assistant Attorney General.

For the Appellee:

John Knox Walkup, Attorney General Reporter.

John Halstead, Assistant Public Defender.

Randall E. Nichols, District Attorney General.

Marsha Selecman, Assistant District Attorney General.

OPINION

BYERS, Senior Judge

The appellant was convicted and sentenced to twenty years as a range I standard offender in September 1984. On September 17, 1993 the appellant filed a motion reduction of sentence under Rule 35 of the Tennessee Rules of Criminal Procedure.

On May 9, 1996, the trial court dismissed the motion as not being timely filed as required by Rule 35.

Rule 35 requires a motion to reduce or commute a sentence to be filed within 120 days of entry thereof. The trial judge properly dismissed the petition, and we affirm the dismissal.

________________________________ John K. Byers, Senior Judge

CONCUR:

________________________________________________________________ David H. Welles, Judge

________________________________________________________________ Thomas T. Woodall, Judge