Keith Scarbrough v. State

• Court: Court of Criminal Appeals of Tennessee
• Decided: December 10, 1997
• Docket: 01C01-9607-CC-00322
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED MAY SESSION, 1997 December 10, 1997

Cecil W. Crowson KEITH SCARBROUGH, ) Appellate Court Clerk C.C.A. NO. 01C01-9607-CC-00322 ) Appe llant, ) ) ) CHEATHAM COUNTY VS. ) ) HON. ROBERT E. BURCH. JUDGE STATE OF TENNESSEE, ) ) Appellee. ) (Post Conviction - Sentencing)

FOR THE APPELLANT: FOR THE APPELLEE:

Keith Scarbrough Pro Se John Knox Walkup R.M.S .I. Attorney General and Reporter 7475Cockrill Bend-Industrial Rd. Nashville, TN 37209-1010 Peter M. Coughlan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243

Dan Alsobrooks District Attorney General

James W. Kirby Assistant District Attorney 105 Sycamore Street Ashland City, TN 37015

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, Keith Scarbro ugh, a sks this Cour t to revie w the va lidity of his

conviction entered upon his pleas of guilty onFeburary 27, 1986. Appellant pled

guilty to armed robbery, grand larceny, an d seco nd deg ree burg lary. As part of

the plea a greem ent App ellant rece ived sen tences totaling11 years.

Although acknowledging his po st-convictio n petition was time-barred under

the three yea r statute of limitations in effe ct whe n his co nviction beca me fin al,

Appellant argues that the ena ctment 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 Supreme Court has only

recen tly resolved this issue adversely to A ppellant’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 judgm ent of the trial court is affirm ed in all resp ects

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

____________________________________ JERRY L. SMITH, JUDGE

-2- CONCUR:

___________________________________ PAUL G. SUMMERS, JUDGE

___________________________________ DAVID G. HAYES, JUDGE

-3-