IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
FILED
AT KNOXVILLE August 25, 1999
Cecil Crowson,
JUNE 1999 SESSION Jr.
Appellate
Court Clerk
THOMAS COOK * C.C.A. # 03C01-9808-CR-00281
Appellant, * HAMILTON COUNTY
VS. * Honorable Douglas A. Meyer,
Judge
STATE OF TENNESSEE, * (Post-
Conviction/Possession of Cocaine
For Resale)
Appellee. *
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS COOK PAUL G. SUMMERS
Pro Se Attorney General & Reporter
P.O. Box PMB
Atlanta, GA 30315 ERIK W. DAAB
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
OPINION FILED: _______________
AFFIRMED - RULE 20
JOHN EVERETT WILLIAMS,
Judge
OPINION
The petitioner, Thomas Cook, alleges that on January 8,
1993, he pled guilty to attempt to possess cocaine for resale and
received an eight-year sentence.1 On December 18, 1998, the
petitioner filed a petition for post-conviction relief. The trial
court dismissed the petition as time barred, and it is from that
decision that the petitioner now appeals. We AFFIRM the
judgment of the trial court.
Pursuant to Tennessee Code Annotated § 40-30-202(a), a
petitioner 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 was taken. A court does not have jurisdiction
to consider a petition for post-conviction relief if it is outside of
the one-year statute of limitations unless:
1
This record is vo id of any judgm ent or plea agreem ent.
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(1) The claim in the petition is based upon a final
ruling of an appellate court establishing a
constitutional right that was not recognized as
existing at the time of the trial, if retrospective
application of that right is required . . . ;
(2) The claim in the petition is based upon new
scientific evidence establishing that such petitioner is
actually innocent of the offense or offenses for which
the petitioner was convicted; or
(3) The claim asserted in the petition seeks relief
from a sentence that was enhanced because of a
previous conviction and such conviction in the case in
which the claim is asserted was not a guilty plea with
an agreed sentence, and the previous conviction has
subsequently been held to be invalid . . . .
Tenn. Code Ann. § 40-30-202(b).
The petitioner has filed his petition for post-conviction relief
outside of the statute of limitations set forth in Tennessee Code
Annotated § 40-30-202(a), and he does not submit that any of his
claims fall within one of the exceptions set forth above.
Accordingly, the judgment of the trial court is AFFIRMED
pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules.
________________________________
JOHN EVERETT WILLIAMS,
Judge
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CONCUR:
_____________________________
JOHN H. PEAY, Judge
_____________________________
DAVID G. HAYES, Judge
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