I Concurred With The Majority In Arnold Carter v. State, No. 03C01-9509-Cc

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED DECEMBER 1996 SESSION February 12, 1997

Cecil W. Crowson Appellate Court Clerk ERIC C. PENDLETON, ) No. 01C01-9604-CR-00158 ) Appellant ) ) DAVIDSON COUNTY V. ) ) HON. ANN LACY JOHNS, STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Habeas Corpus) ) )

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