Bailey v. State ( 1997 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
NOVEMBER 1997 SESSION
December 16, 1997
Cecil Crowson, Jr.
Appellate C ourt Clerk
GREGG BAILEY, )
) C.C.A. No. 03C01-9701-CR-00026
Appellant, )
) Sullivan County
V. )
) Honorable Frank L. Slaughter, Judge
)
STATE OF TENNESSEE, )
) (Post-Conviction)
Appellee. )
FOR THE APPELLANT: FOR THE APPELLEE:
Gregg Bailey, Pro Se John Knox Walkup
Route 1, TCIP, Annex Attorney General & Reporter
Only, TN 37140
Timothy F. Behan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
H. Greeley Wells, Jr.
District Attorney General
Robert Montgomery
Assistant District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
OPINION FILED: ___________________
AFFIRMED
PAUL G. SUMMERS,
Judge
OPINION
In 1981 the appellant, Gregg Bailey, was convicted by a jury of armed
robbery and assault with the intent to commit second degree murder. On direct
appeal his convictions and sentence were affirmed by this Court. Thereafter, the
appellant filed a petition seeking post-conviction relief. This Court affirmed the
dismissal of that petition. In 1996 the appellant filed his second petition for post-
conviction relief alleging a double jeopardy violation. The trial court dismissed
the petition on the ground that it was barred by the statute of limitations.
It is well settled that any petitioner whose judgment became final on or
before July 1, 1986, had until July 1, 1989, to file a petition for post-conviction
relief. State v. Masucci, 754 S.W.2d 90 (Tenn. Crim. App. 1988). Therefore,
having filed his petition seven years after this deadline, the appellant’s petition is
time barred.
Accordingly, we find no error of law mandating reversal. The trial court's
dismissal of the petition is affirmed in accordance with Tenn. R. Ct. Crim. App.,
Rule 20.
__________________________
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PAUL G. SUMMERS, Judge
CONCUR:
______________________________
JOSEPH B. JONES, Presiding Judge
______________________________
J. CURWOOD WITT, JR., Judge
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