IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
MERVIN ANDERSON, )
)
Appellant, )
) SHELBY COUNTY
v. ) C.C.A. NO.
) W1999-00241-CCA-R3-CD
STATE OF TENNESSEE, )
)
Appellee. )
FILED
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ORDER February 10, 2000
_____________________________________________________________________
Cecil Crowson, Jr.
Appellate Court Clerk
This case came to be heard on the motion of the State of Tennessee for
an affirmance of the judgment of the trial court pursuant to Rule 20 of the Rules of the
Court of Criminal Appeals. The Appellant has appealed from the trial court’s dismissal
of his pro se “Motions Under the All Writs Act; Writ of Error Coram Nobis, Pursuant to
Title 28 U.S.C. Section 1651, to Vacate his Conviction and Sentence.” Through his
petition, the Appellant challenged the voluntariness of guilty pleas he entered in 1985 to
grand larceny, concealing stolen property, larceny and receiving stolen property. In
particular, the Appellant contended both that the trial judge who accepted his guilty
pleas failed to advise him of his constitutional rights as well as the consequences of his
guilty pleas and that his attorney rendered ineffective assistance of counsel.
Based on our review of the record in this case, we conclude that the
Appellant’s petition, whether treated as one for a writ of error coram nobis or one for
post-conviction relief, is barred by the applicable statute of limitations because it was
not filed until January of 1999. See Tenn. Code Ann. §§ 27-7-103, 40-30-202(a); see
also State v. Mixon, 983 S.W.2d 661, 668-71 (Tenn. 1999). As a result, the trial court
did not err in dismissing the petition.
Accordingly, the judgment of the trial court is AFFIRMED pursuant to Rule
20 of the Rules of the Court of Criminal Appeals. It appearing the appellant is indigent,
costs shall be taxed to the state.
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JOE G. RILEY, JUDGE
CONCUR:
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DAVID G. HAYES, JUDGE
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JOHN EVERETT WILLIAMS, JUDGE