State v. Ronald McCray

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

MAY 1999 SESSION FILED May 20, 1999

Cecil Crowson, Jr. Appellate Court Clerk RONALD LATURE McCRAY, ) ) C.C.A. NO. 02C01-9809-CC-00292 Appellant, ) ) FAYETTE COUNTY VS. ) ) HON. JON KERRY BLACKWOOD, STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Post-Conviction)

FOR THE APPELLANT: FOR THE APPELLEE:

RONALD LATURE McCRAY, PAUL G. SUMMERS Pro Se, #224643 Attorney General & Reporter P. O. Box 1000 Henning, TN 38041-1000 R. STEPHEN JOBE Asst. Attorney General Second Fl. Cordell Hull Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493

ELIZABETH T. RICE District Attorney General 302 Market St. Somerville, TN 38068

OPINION FILED:____________________

AFFIRMED - RULE 20

JOHN H. PEAY, Judge OPINION

The petitioner originally pled guilty to second-degree murder and received

an agreed sentence of sixty years as a Range I standard offender. He subsequently filed

a petition for post-conviction relief, alleging that his sentence was illegal, and this Court

held that his sentence was indeed an illegal sentence. His conviction and sentence were

set aside and the matter was remanded to the trial court where the petitioner again

received an agreed sentence of forty years as a Range III persistent offender. He again

filed a petition for post-conviction relief on August 7, 1998, alleging now that his present

sentence is illegal. The trial court dismissed the petition by preliminary order, finding that

the facts alleged by the defendant do not constitute an illegal sentence. The trial court

further found that the petition was filed outside the one year statute of limitations.

We find no error in the action of the trial court in preliminarily dismissing the

petition. The sentence imposed by the trial court is not illegal as alleged by the petitioner

and his latest petition was obviously filed more than one year after the effective date of

our present Post-Conviction Procedure Act. See T.C.A. § 40-30-202. Accordingly, the

judgment below is affirmed in accordance with Rule 20 of the Court of Criminal Appeals

of Tennessee.

_______________________________ JOHN H. PEAY, Judge

CONCUR:

______________________________ JOE G. RILEY, Judge

______________________________ THOMAS T. W OODALL, Judge