Bailey v. State

• Court: Court of Criminal Appeals of Tennessee
• Decided: December 16, 1997
• Docket: 03C01-9701-CR-00026
• Status: Published

Opinion

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.

__________________________

-2- PAUL G. SUMMERS, Judge

CONCUR:

______________________________ JOSEPH B. JONES, Presiding Judge

______________________________ J. CURWOOD WITT, JR., Judge

-3-