IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
EUGENE KERRENT, )
)
FILED
Petitioner, ) C. C. A. NO. 02C01-9809-CC-00288
) May 25, 1999
vs. ) MADISON COUNTY
) Cecil Crowson, Jr.
STATE OF TENNESSEE, ) No. C97-200 Appellate Court Clerk
)
Respondent. )
ORDER
This matter is before the Court upon the state’s motion, pursuant to Rule
20, Rules of the Court of Criminal Appeals, to affirm the trial court judgment by order
rather than formal opinion. This case represents an appeal from the dismissal of the
petitioner’s third petition for post-conviction relief. In 1988, the petitioner was convicted
of aggravated kidnapping and being an habitual offender. The petitioner was
sentenced to life imprisonment. The petitioner subsequently filed a petition for post-
conviction relief attacking these convictions, as well as a petition attacking the
underlying convictions used to establish his habitual offender status. The trial court
denied both petitions and this Court affirmed the denials on appeal. See Eugene
Kerrent v. State, No. 02C01-9103-CC-00047 (Tenn. Crim. App., Oct. 9, 1991); Eugene
Kerrent v. State, No. 02C01-9412-CC-00275 (Tenn. Crim. App. Apr. 4, 1995).
On May 30, 1997, the petitioner filed the present petition for post-
conviction relief. The petitioner raises the issue of ineffective assistance of counsel,
which is the same issue he raised in his two previous petitions. Finding that the
petitioner had previously filed two petitions for post-conviction relief and that the present
petition is time barred, the trial court dismissed the petition.
T.C.A. § 40-30-202(c) provides that no more than one petition for post-
conviction relief may be filed attacking a single judgment, and mandates that the trial
court shall summarily dismiss any second or subsequent petition if a prior petition was
filed and resolved on the merits by a court of competent jurisdiction. Since the
petitioner previously filed at least one petition that was resolved on the merits by the
trial court and by this Court on appeal, the petitioner's present petition was properly
dismissed. Additionally, after reviewing the entire record on appeal, we find that the
petitioner’s claim does not fall within one of the limited circumstances under which a
prior petition may be re-opened. See T.C.A. § 40-30-217.
Accordingly, we conclude that the trial court did not err in dismissing the
petitioner’s petition for post-conviction relief. Accordingly, it is hereby ORDERED that
the judgment of the trial court is affirmed in accordance with Rule 20, Rules of the Court
of Criminal Appeals. It appearing the petitioner is indigent, costs of this appeal shall be
taxed to the state.
__________________________________
DAVID G. HAYES, JUDGE
__________________________________
JOE G. RILEY, JUDGE
__________________________________
JOHN EVERETT WILLIAMS, JUDGE
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