IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
January 28, 1998
DARRELL RAY BEENE, )
) C.C.A. NO. 01C01-9707-CR-00313
Cecil W. Crowson
Appellant, ) (No. 93-D-1462 Below)
Appellate Court Clerk
)
VS. ) DAVIDSON COUNTY
) The Hon. J. Randall Wyatt, Jr.
STATE OF TENNESSEE, )
) (Dismissal of Post-Conviction Petition)
Appellee. ) AFFIRMED PURSUANT TO RULE 20
ORDER
This matter is before the Court upon the petitioner’s motion requesting that
counsel be appointed to represent him in the above-styled appeal. The petitioner is
appealing from the dismissal of his post-conviction petition. In his petition for post-
conviction relief, the petitioner challenged the legal sufficiency of his 1993 indictment and
claimed that he received ineffective assistance of counsel. Having reviewed the
petitioner’s motion and the record, we find that the petitioner’s motion is not well taken.
Accordingly, we affirm the judgment of the trial court pursuant to Rule 20, Tennessee Court
of Criminal Appeals Rules.
Initially, the petitioner’s claim that his 1993 indictment failed to specifically
allege the mens rea element of the offenses is without merit. This issue has been settled
by our Supreme Court’s recent opinion in State v. Roger Dale Hill, Sr., No. 01S01-9701-
CC-00005 (Tenn. Nov. 3, 1997). Moreover, the trial court correctly determined that the
petitioner’s post-conviction petition was barred by the statute of limitation. Under the Post-
Conviction Act, no court shall have jurisdiction to consider a petition filed after the one-year
statute of limitation unless one of three enumerated exceptions applied. See T.C.A. §
40-30-202(b). In the present case, the trial court correctly determined that the appellant’s
petition for post-conviction was time-barred.
IT IS, THEREFORE, ORDERED that the petitioner’s motion requesting
appointment of counsel is hereby denied. It is further ordered that the ruling of the trial
court is affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeal Rules. The
appellant being indigent, costs are taxed to the state.
ENTER, this the ____ day of January, 1998.
________________________________
JERRY L. SMITH, JUDGE
CONCUR:
________________________________
DAVID H. WELLES, JUDGE
________________________________
THOMAS T. WOODALL, JUDGE
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