Richard Carlton Taylor v. State

• Court: Court of Criminal Appeals of Tennessee
• Decided: December 1, 2010
• Docket: 01C01-9809-CC-00399
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED SEPTEMBER 1999 SESSION October 5, 1999

Cecil Crowson, Jr. Appellate Court Clerk RICHARD CARLTON TAYLOR, ) ) C.C.A. NO. 01C01-9809-CC-00399 Appellant, ) ) COFFEE COUNTY VS. ) ) HON. GERALD L. EWELL, SR., STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Post-Conviction)

FOR THE APPELLANT: FOR THE APPELLEE:

RICHARD CARLTON TAYLOR, PRO SE MICHAEL E. MOORE 7475 Cockrill Bend Ind. Rd. Solicitor General Nashville, TN 37209-1048 LUCIAN D. GEISE Assistant Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493

CHARLES M. LAYNE District Attorney General

KENNETH SHELTON Asst. District Attorney General P. O. Box 147 Manchester, TN 37349

ORDER FILED:____________________

AFFIRMED - RULE 20

JOHN H. PEAY, Judge ORDER

The petitioner was convicted of robbery and joyriding. The petitioner

appeals the trial court’s dismissal of his petition for post-conviction relief. Previous

petitions have been filed and heard.

On June 29, 1998, petitioner filed a petition for post-conviction relief in

original case number 29,051, the robbery conviction. He also filed a petition to reopen

his previous post-conviction in case number 23,721, the joyriding conviction.1 This Court

previously dismissed the appeal in original case number 23,721 because it was not filed

within ten (10) days of the trial court’s denial of his motion to reopen. See T.C.A. § 40-

30-217(c).

In this appeal (the post-conviction relating to the robbery conviction), we find

that the petition was not filed within the one year period of limitations as required by our

statute. See T.C.A. § 40-30-201(a). Further, the petitioner has alleged no ground that

would allow a petition to be filed after the period of limitations has expired. See T.C.A.

§ 40-30-202(b). Accordingly, we affirm the trial court’s dismissal of the petition pursuant

to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee.

________________________________ JOHN H. PEAY, Judge

1 The petitio ner h as re vers ed th e off ens es an d num bers in his p etition s and his br iefs in these cases.

2 CONCUR:

________________________________ DAVID H. WELLES, Judge

________________________________ JOHN EVERETT W ILLIAMS, Judge