IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
AUGUST 1997 SESSION
FILED
August 29, 1997
Cecil Crowson, Jr.
Appellate C ourt Clerk
JAMES DAVID PACK, )
) C.C.A. No. 03C01-9611-CR-00440
Appellant, )
) Hamilton County
V. )
) Hon. Douglas A. Meyer, Judge
)
STATE OF TENNESSEE, )
) ( Writ of error coram nobis)
Appellee. )
FOR THE APPELLANT: FOR THE APPELLEE:
James David Pack, Pro Se Charles W. Burson
F.C. I. Beckley Attorney General & Reporter
P.O. Box 305
Beaver, WV 25813 Marvin E. Clements, Jr.
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
William H. Cox III
District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
OPINION FILED: ___________________
AFFIRMED
PAUL G. SUMMERS,
Judge
OPINION
In February 1979 the appellant, James David Pack, pled guilty to four
counts of second degree burglary, two counts of passing a forged document,
and one count of grand larceny. He received an effective sentence of three
years incarceration. In September 1982 he pled guilty to four counts of simple
possession of a controlled substance, one count of possession of a controlled
substance with intent to sell, three counts of first degree burglary, one count of
second degree burglary, one count of possession of burglary tools, and
numerous counts of receiving stolen property. He received an effective sentence
of ten years incarceration. In May 1996 the appellant filed a petition for writ of
error coram nobis attacking these convictions. The trial court dismissed the
petition on the ground that it was barred by the statute of limitations. The
appellant then filed a motion for reconsideration and motion to construe his
previous pleading as a petition for post-conviction relief.
The appellant's most recent convictions became final in 1982. At that
time the law allowed one year from a final judgment to file a petition for writ of
error coram nobis. Tenn. Code Ann. § 27-7-103 (1980). The appellant's time
period for filing his petition expired in 1983. Therefore, his petition for writ of
error coram nobis is time barred.
The appellant also moved that his petition be construed as one for post-
conviction relief. However, at the time of his offenses, the law allowed three
years to file a petition for post-conviction relief. Tenn. Code Ann. § 40-30-102
(1980). The time period for filing this petition expired in 1985. Therefore,
regardless of how the appellant’s motion is construed, it is time barred.
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We find appellant's pro se brief artfully drafted and we understand his
allegations. We, however, find no error of law mandating reversal of the trial
court’s determinations. Pursuant to Tenn. R. Ct. Crim. App., Rule 20, we
AFFIRM.
__________________________
PAUL G. SUMMERS, Judge
CONCUR:
_________________________
GARY R. WADE, Judge
_________________________
WILLIAM M. BARKER, Judge
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