Douglas Mattes v. State

• Court: Court of Criminal Appeals of Tennessee
• Decided: August 22, 1997
• Docket: 01C01-9609-CC-00398
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

JULY 1997 SESSION

FILED August 22, 1997

Cecil Crowson, Jr. Appellate C ourt Clerk STATE OF TENNESSEE, ) NO. 01C01-9609-CC-00398 ) Appellee ) RUTHERFORD COUNTY ) V. ) HON. JAMES K. CLAYTON, JUDGE ) DOUGLAS MATTES ) (Post-Conviction) ) Appellant ) )

FOR THE APPELLANT FOR THE APPELLEE

Douglas Mattes John Knox Walkup South Central Correctional Center Attorney General and Reporter Apollo AA-207 450 James Robertson Parkway P.O. Box 279 Nashville, Tennessee 37243-0493 Clifton, Tennessee 38425-5346 Georgia Blythe Felner Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee 37243-0493

William Whitesell District Attorney General Third Floor Judicial Building Murfreesboro, Tennessee 37130

OPINION FILED:______

AFFIRMED -- RULE 20 ORDER William M. Barker, Judge Order

The Appellant, Douglas Mattes, appeals as of right the Rutherford County

Circuit Court’s dismissal of his petition for post-conviction relief. On February 21,

1995, the Appellant pled guilty to two counts of aggravated sexual battery. Pursuant

to the plea agreement, he received a mitigated sentence of 7.2 years with a 20%

release eligibility. On April 24, 1996, the Board of Paroles reviewed the Appellant’s

parole eligibility and found that the Appellant should remain incarcerated because of

the seriousness of the underlying offense and because he was participating in sex

offender treatment. On August 14, 1996, the Appellant filed a petition requesting post-

conviction relief. On August 19, 1996, without an evidentiary hearing, the trial court

entered an order dismissing the petition because it was time barred.

The State argues that the statute of limitation for the Appellant’s petition had

expired when it was filed. We agree.

All post-conviction relief petitions filed after May 10, 1995, are governed by the

Post-Conviction Procedure Act of 1995. Tenn. Code Ann. § 40-30-201, Compiler’s

Notes (Supp. 1996). Post-Conviction relief must be sought “within one (1) year of the

date of the final action of the highest state appellate court to which an appeal is taken

or, if no appeal is taken, within one year of which the judgment became final . . . .”

Tenn. Code Ann. § 40-30-202(a) (Supp. 1996).

Here, the Appellant filed his petition under the 1995 Act and the one-year

statute of limitation applies. The Appellant’s judgment became final on or about

March 21, 1995, but since the new Post-Conviction Act became effective on May 10,

1995, the limitations period did not expire until May 10, 1996. The Appellant’s petition

was filed in August, 1996, and is, therefore, barred by the statute of limitations.

The judgment of the trial court is affirmed pursuant to Rule 20 of the

Tennessee Court of Criminal Appeals.

2 __________________________ WILLIAM M. BARKER, JUDGE

CONCUR:

__________________________ JOHN H. PEAY, JUDGE

__________________________ JERRY L. SMITH, JUDGE