IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
JANUARY 1999 SESSION
March 12, 1999
Cecil Crowson, Jr.
Appellate C ourt Clerk
BRANDON A. MILLER, ) C.C.A. NO. 03C01-9803-CR-00102
)
Defendant/Appellant )
) McMINN COUNTY
v. )
)
STATE OF TENNESSEE, ) HON. R. STEVEN BEBB, JUDGE
)
Appellee ) (Post-conviction relief)
FOR THE APPELLANT: FOR THE APPELLEE:
Brandon A. Miller John Knox Walkup
P.O. Box 1000 Attorney General & Reporter
Petros, TN 37845
Michael J. Fahey, II
Assistant Attorney General
425 Fifth Avenue North
Second Floor, Cordell Hull Building
Nashville, TN 37243
OPINION FILED
AFFIRMED
JOHN K. BYERS
SENIOR JUDGE
OPINION
The trial court dismissed the defendant’s petition for post-conviction relief
because it was barred by the statute of limitations.
We affirm the judgment of the trial court.
The defendant pled guilty to several offenses in July and November of 1993.
On June 20, 1996, the defendant filed a petition for post-conviction relief.
At the time of the defendant’s convictions, the applicable statute of limitations
was three years. Tenn. Code Ann. § 40-30-102 (Repealed 1995). In 1995, the
applicable statute of limitations was reduced to one year. Tenn. Code Ann. § 40-30-
202(a).
At the time of the adoption of Tenn. Code Ann. § 40-30-202(a), the
defendant’s right to file a petition for post-conviction relief had not expired.
Therefore, his right to file a petition was not terminated by the reduction of the
limitation period from three years to one year. Under the holding in the case of
Carter v. State, 952 S.W.2d 417 (Tenn. 1997), the defendant had one year from the
date of the adoption of the statute fixing the limitation at one year to file a petition.
That would allow him to file a timely petition on or before May 10, 1996.
The defendant filed his petition on June 20, 1996. This was beyond the one
year period and the defendant did not show there was any exception for not
applying the one year limitation in this case.
The trial judge properly dismissed the petition.
The judgment of the trial court is affirmed. It appearing that the defendant is
indigent, costs of the appeal are taxed to the State.
John K. Byers, Senior Judge
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CONCUR:
James Curwood W itt, Jr., Judge
Norma McGee Ogle, Judge
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