IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED DECEMBER 1996 SESSION February 12, 1997 Cecil W. Crowson Appellate Court Clerk DOYLE CARTER, ) No. 01C01-9511-CC-00398 ) Appellant ) ) DAVIDSON COUNTY V. ) ) HON. WALTER C. KURTZ, STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Post-Conviction) ) ) CONCURRING OPINION I concurred with the majority in Arnold Carter v. State, No. 03C01-9509-CC- 00270 (Tenn. Crim. App. at Knoxville, July 11, 1996), holding that the petition was filed within the statute of limitations. Upon further reflection, I am of the opinion that the dissenting opinion by Judge David Welles in that case is the correct view of the statute when this Court is confronted with a petition such as the one in appellant’s case. Therefore, I concur with the majority opinion in this case for the reasons stated here and for those I expressed in Stephen Koprowski v. State, No. 03C01-9511-CC-00365 (Tenn. Crim. App. at Knoxville, January 28, 1997). _______________________________ William M. Barker, Judge