IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
ANTHONY TYRONE ANDERSON, )
)
Petitioner, ) C. C. A. NO. W1999-01730-CCA-R3-PC
)
vs. ) MADISON COUNTY
)
STATE OF TENNESSEE, ) No. C99-182
Respondent.
)
)
FILED
March 23, 2000
ORDER Cecil Crowson, Jr.
Appellate Court Clerk
This matter is before the Court upon the state’s motion to affirm the trial
court judgment by order pursuant to Rule 20, Rules of the Court of Criminal Appeals. In
1989, the petitioner was convicted on three counts of burglary and three counts of
larceny and received a forty-five year sentence. This Court affirmed the convictions
and sentences on appeal, State v. Anthony Tyrone Anderson, No. 3, Madison County
(Tenn. Crim. App., Apr. 25, 1990), and the Supreme Court denied permission to appeal
on July 30, 1990. On May 12, 1999, the petitioner filed a petition for post-conviction
relief. Finding that the statute of limitations has expired, the trial court dismissed the
petition.
Pursuant to T.C.A. § 40-30-202(a), a person in custody under a sentence
of a court of this state must petition for post-conviction relief within one year of the date
of the final action of the highest state appellate court to which an appeal is taken or, if
no appeal is taken, within one year of the date on which judgment became final. The
Post-Conviction Procedure Act provides several limited exceptions to the one-year
statute of limitations, however none of them are applicable to the present case. See §
40-30-202(b). The record reflects that the petition in this case was filed well beyond the
applicable statute of limitations, and is, therefore, untimely.1
1
The pe tition would als o be bar red und er the pre vious thre e year statu te of limitation s. See
T.C.A . § 40-30 -102 (19 90) (rep ealed); Passa rella v. State , 891 S.W .2d 619 ( Tenn . Crim. A pp.), perm . to
app. denied, (Tenn. 1994).
Accordingly, we conclude that the trial court did not err in dismissing the
petitioner’s petition for post-conviction relief. It is, therefore, ORDERED that the
judgment of the trial court is hereby affirmed in accordance with Rule 20, Rules of the
Court of Criminal Appeals. Costs shall be taxed to the state.
_____________________________
DAVID G. HAYES, JUDGE
_____________________________
JOE G. RILEY, JUDGE
_____________________________
JOHN EVERETT WILLIAMS, JUDGE
2