Clapp v. State

• Court: Court of Criminal Appeals of Tennessee
• Decided: March 25, 1998
• Docket: 03C01-9701-CR-00028
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE FILED MAY SESSION, 1997 March 25, 1998

Cecil Crowson, Jr. Appellate C ourt Clerk William D. Clapp, ) C.C.A.No. 03C01-9701-CR-00028 ) Appe llant, ) ) ) JOHNSON COUNTY VS. ) ) HON. LYNN W. BROWN STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Post Conviction - Sentencing)

FOR THE APPELLANT: FOR THE APPELLEE:

William David Clapp, Pro Se John Knox Walkup No. 04405-084 Attorney General and Reporter P.O. Box 4 000 W hitely-B F.C.I. Manchester Manchester, KY 40962-4000 Georgia Blythe Felner Coun sel for the S tate 450 James Robertson Parkway Nashville, TN 37243

David C rockett District Attorney General Route 19, Box 99 Johnson City, TN 37601

OPINION FILED ________________________

AFFIRMED PURSU ANT TO RU LE 20

JERRY L. SMITH, JUDGE OPINION In this appe al of the summary dismissal of his post-conviction petition

Appe llant, Willia m Da vid Cla pp, as ks this C ourt to r eview the validity of his

conviction entered upon his pleas of guilty on September 11, 1985. Appellant

pled guilty to des truction of p rivate prop erty. As part of the plea agreement

Appellant received a sentence of eleven months and twe nty-nin e days , all

suspe nded e xcept ten days.

Without acknowledging his post-conviction petition was time-barred under

the three yea r statute of lim itations in effect w hen h is conv iction b ecam e 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 S uprem e Cou rt has o nly

recen tly resolved this issue a dversely to Appe llant’s position . Carter v. S tate,

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.

According ly, the jud gme nt of the trial cou rt is affirm ed in a ll respects

pursuant to Rule 20, Rules of the Court of Criminal Appeals.

____________________________________ JERRY L. SMITH, JUDGE

CONCUR:

___________________________________ PAUL G. SUMMERS, JUDGE

-2- ___________________________________ DAVID G. HAYES, JUDGE

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