Wallace v. State ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
OCTOBER SESSION, 1997 March 6, 1998
Cecil Crowson, Jr.
Appellate C ourt Clerk
STEVE WALLACE, ) C.C.A. NO. 03C01-9608-CC-00312
)
Appe llant, )
)
) BRADLEY COUNTY
VS. )
) HON. MAYO L. MASHBURN
STATE OF TENNESSEE, ) JUDGE
)
Appellee. ) (Post-Co nviction Re lief)
FOR THE APPELLANT: FOR THE APPELLEE:
STEVE WALLACE Pro Se JOHN KNOX WALKUP
M.C.R.C.F. Attorney General and Reporter
P. O. Box 2000
Wartburg, TN 37887-2000 TIMOTHY F. BEHAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
JERRY ESTES
District Attorney General
OPINION FILED ________________________
AFFIRMED PURSU ANT TO RU LE 20
JERRY L. SMITH, JUDGE
OPINION
On July 18, 1975, Appellant Steve Wallace pleaded guilty in the Bradley
Coun ty Criminal Court to second degree murder. He was sentenced to 150 years
incarceration in the Tennessee Department of Corre ction. In this ap peal,
Appellant presen ts the follow ing issue for review: whether the trial cou rt erred in
dismiss ing App ellant's pe tition for post-c onviction re lief.
After a review of the record, we affirm the judgment of the trial court
pursuant to Court of Criminal Appeals Rule 20.
Prior to the adoption of the recent Post-Conviction Procedure Act, petitions
like the present one had to be filed within three years of the date of the effective
date of Tenn. Code Ann. § 40-30-102 (1995, R epl.); State v. Abston, 749 S.W.2d
487, 488 (Ten n. Crim. App . 1988). Accordingly, Appellant's statute of limitations
for the filing of a petition for post-conviction relief began to run on July 1, 1986
and expired three years later on June 30, 1989. However, the ne w Post-
Conviction Procedure Act, which took effect on May 10, 19 95, su bseq uently
shortened the three -year statu te of limitation s to one y ear. Te nn. Co de Ann . §
40-30-201 et seq. (Supp. 1996). In Carter v. S tate, the Tennessee Supreme
Court held that the new Post-Conviction Procedure Act of 1995 doe s not afford
petitioners for whom the statute of limitations expired prior to May 10, 1995--the
effective date of the new Act--a n add itional ye ar in wh ich to file new petitions for
post-conviction relief. 952 S.W.2d 417, 418 (Tenn. 1997). Thu s, the trial court
prope rly dismissed Appellant's May 9, 1996 petition as being barred by the
statute of limitations.
-2-
According ly, we affirm the trial court's judgment pursuant to Court of
Criminal Appeals Rule 20.
____________________________________
JERRY L. SMITH JUDGE
CONCUR:
___________________________________
GARY R. WADE, JUDGE
___________________________________
DAVID H. WELLES, JUDGE
-3-