State v. Johnny Smith

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

JUNE 1997 SESSION FILED June 19, 1997

Cecil Crowson, Jr. Appellate C ourt Clerk

JOHNNY SMITH, JR. , ) ) C.C.A. No. 02C01-9608-CR-00287 Appellant, ) ) Shelby County V. ) ) Honorable Chris Craft, Judge ) STATE OF TENNESSEE, ) (Post-Conviction) ) Appellee. )

FOR THE APPELLANT: FOR THE APPELLEE:

Johnny Smith, Jr., Pro Se Charles W. Burson Reg. No. 12232-076 Attorney General & Reporter F.C.I. Memphis P.O. Box 34550 (Beale-B) Janis L. Turner Memphis, TN 38184-0550 Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493

William L. Gibbons District Attorney General

Daniel R. Moody Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103

OPINION FILED: ___________________

AFFIRMED

PAUL G. SUMMERS, Judge OPINION

In 1987 the appellant, Johnny Smith, Jr., pled guilty to the unlawful

possession of marijuana with intent to sell and convicted felon carrying a firearm.

In 1996 he filed a petition for post-conviction relief, approximately nine years

after his convictions became final. The trial court dismissed the petition on the

ground that it was barred by the statute of limitations.

When appellant’s convictions became final, the law allowed three years to

file a petition for post-conviction relief. Tenn. Code Ann. § 40-30-102 (1990).

The appellant's time period for filing his petition expired in 1990. Therefore, his

petition is time barred.

Accordingly, we find no error of law mandating reversal. The trial court's

dismissal of the petition is affirmed in accordance with Tenn. R. Ct. Crim. App.,

Rule 20.

__________________________ PAUL G. SUMMERS, Judge

CONCUR:

____________________________ DAVID H. WELLES, Judge

____________________________ JOE G. RILEY, Judge

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