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Scarbrough v. State

Court of Criminal Appeals of Tennessee. at Nashville
Dec 10, 1997
No. 01C01-9607-CC-00322 (Tenn. Crim. App. Dec. 10, 1997)

Opinion

No. 01C01-9607-CC-00322.

December 10, 1997.

CHEATHAM COUNTY, HON. ROBERT E. BURCH. JUDGE, (Post Conviction — Sentencing).

AFFIRMED PURSUANT TO RULE 20

FOR THE APPELLANT:

Keith Scarbrough, Pro Se, R.M.S.I.

FOR THE APPELLEE:

John Knox Walkup, Attorney General and Reporter, Peter M. Coughlan, Assistant Attorney General, Dan Alsobrooks, District Attorney General, James W. Kirby, Assistant District Attorney.


OPINION FILED: ____________________________


OPINION

In this appeal of the summary dismissal of his post-conviction petition Appellant, Keith Scarbrough, asks this Court to review the validity of his conviction entered upon his pleas of guilty onFeburary 27, 1986. Appellant pled guilty to armed robbery, grand larceny, and second degree burglary. As part of the plea agreement Appellant received sentences totaling11 years.

Although 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


Summaries of

Scarbrough v. State

Court of Criminal Appeals of Tennessee. at Nashville
Dec 10, 1997
No. 01C01-9607-CC-00322 (Tenn. Crim. App. Dec. 10, 1997)
Case details for

Scarbrough v. State

Case Details

Full title:KEITH SCARBROUGH, Appellant, v. STATE OF TENNESSEE, Appellee

Court:Court of Criminal Appeals of Tennessee. at Nashville

Date published: Dec 10, 1997

Citations

No. 01C01-9607-CC-00322 (Tenn. Crim. App. Dec. 10, 1997)