Goble v. State

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE FILED AUGUST SESSION, 1998 September 25, 1998

Cecil Crowson, Jr.

Appellate C ourt Clerk

SEAN PATRICK GOBLE, ) C.C.A. NO. 03C01-9711-CR-00503 )

Appe llant, )

) GREENE COUNTY

V. )

)

) HON. JAMES E. BECKNER, JUDGE STATE OF TE NNE SSE E, )

)

Appellee. ) (POST -CON VICTIO N)

FOR THE APPELLANT: FOR THE APPELLEE:

SEAN P. GO BLE , pro se JOHN KNOX WALKUP R.M.S.I., U-5 B110 Attorney General & Reporter 7475 Cockrill Bend Road Nashville, TN 37209 ELLEN H. POLLACK Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North

Nashville, TN 37243

C. BERKELEY BELL

District Attorn ey Ge neral 109 South Main Street

Greeneville, TN 37743

OPINION FILED ________________________ AFFIRMED THOMAS T. WOODALL, JUDGE

OPINION

The Petitioner/Appellant, Sean Patrick Goble, appeals as of right from

the trial court’s order dismissing his petition for post-conviction relief. The petition was dism issed with out an e videntiary h earing.

The record in this case reveals that Petitioner pled guilty to first degree murder on December 15, 1995 and received a sentence of life impriso nmen t. There was no direct appeal from this conviction. The petition was filed September 5, 1997. In his petition, the Appellant alleges that he filed a petition for post-conviction relief on Septem ber 10, 1 996, bu t was “take n to cour t somewhere else and didn’t know the court never received it.” The record reflects that he was transferred to another state to answer to criminal charges on or about September 24, 1996 and did not realize that the trial court had never received the purporte d September 10, 1996 petition until he returned to the custody of the Department of Correction sometime in 1997. However, there is nothing in the record to corroborate the allegation in the petition that a prior, timely petition for post-conviction relief was filed.

Tennessee Code Annota ted sectio n 40-30 -202 pro vides in pa rt that when an appeal is not made from a conviction, a petition for post-conviction relief must be filed “within o ne (1) y ear of th e date on wh ich the judgm ent be cam e final, or consideration of such petition shall be barred.” C ertain na rrow exce ptions to the one (1) year limitation period are set forth in Tennessee Code Annotated section 40- 30-202(b). The p etition fa ils to alle ge facts which would form the basis for application of one of the statutory exceptions to the one (1) year limitation period. Therefore, on its face , the petition was filed outside the one (1) year statute of

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limitations. Accordingly, the trial court properly dismissed the petition without an evidentiary hearing. The judgment of the trial court is affirmed.

____________________________________

THOMAS T. W OODALL, Judge

CONCUR:

___________________________________

JOSEPH M. TIPTON, Judge

___________________________________

JOE G. RILEY, Judge