IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
AUGUST SESSION, 1998 September 25, 1998
Cecil Crowson, Jr.
Appellate C ourt Clerk
SEAN PATRICK GOBLE, ) C.C.A. NO. 03C01-9711-CR-00503
)
Appe llant, )
) GREENE COUNTY
V. )
)
) HON. JAMES E. BECKNER, JUDGE
STATE OF TE NNE SSE E, )
)
Appellee. ) (POST -CON VICTIO N)
FOR THE APPELLANT: FOR THE APPELLEE:
SEAN P. GO BLE , pro se JOHN KNOX WALKUP
R.M.S.I., U-5 B110 Attorney General & Reporter
7475 Cockrill Bend Road
Nashville, TN 37209 ELLEN H. POLLACK
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
C. BERKELEY BELL
District Attorn ey Ge neral
109 South Main Street
Greeneville, TN 37743
OPINION FILED ________________________
AFFIRMED
THOMAS T. WOODALL, JUDGE
OPINION
The Petitioner/Appellant, Sean Patrick Goble, appeals as of right from
the trial court’s order dismissing his petition for post-conviction relief. The petition
was dism issed with out an e videntiary h earing.
The record in this case reveals that Petitioner pled guilty to first degree
murder on December 15, 1995 and received a sentence of life impriso nmen t. There
was no direct appeal from this conviction. The petition was filed September 5, 1997.
In his petition, the Appellant alleges that he filed a petition for post-conviction relief
on Septem ber 10, 1 996, bu t was “take n to cour t somewhere else and didn’t know
the court never received it.” The record reflects that he was transferred to another
state to answer to criminal charges on or about September 24, 1996 and did not
realize that the trial court had never received the purporte d September 10, 1996
petition until he returned to the custody of the Department of Correction sometime
in 1997. However, there is nothing in the record to corroborate the allegation in the
petition that a prior, timely petition for post-conviction relief was filed.
Tennessee Code Annota ted sectio n 40-30 -202 pro vides in pa rt that
when an appeal is not made from a conviction, a petition for post-conviction relief
must be filed “within o ne (1) y ear of th e date on wh ich the judgm ent be cam e final,
or consideration of such petition shall be barred.” C ertain na rrow exce ptions to the
one (1) year limitation period are set forth in Tennessee Code Annotated section 40-
30-202(b). The p etition fa ils to alle ge facts which would form the basis for
application of one of the statutory exceptions to the one (1) year limitation period.
Therefore, on its face , the petition was filed outside the one (1) year statute of
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limitations. Accordingly, the trial court properly dismissed the petition without an
evidentiary hearing. The judgment of the trial court is affirmed.
____________________________________
THOMAS T. W OODALL, Judge
CONCUR:
___________________________________
JOSEPH M. TIPTON, Judge
___________________________________
JOE G. RILEY, Judge
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