IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
JULY 1997 SESSION
FILED
August 22, 1997
Cecil Crowson, Jr.
Appellate C ourt Clerk
STATE OF TENNESSEE, ) NO. 01C01-9609-CC-00398
)
Appellee ) RUTHERFORD COUNTY
)
V. ) HON. JAMES K. CLAYTON, JUDGE
)
DOUGLAS MATTES ) (Post-Conviction)
)
Appellant )
)
FOR THE APPELLANT FOR THE APPELLEE
Douglas Mattes John Knox Walkup
South Central Correctional Center Attorney General and Reporter
Apollo AA-207 450 James Robertson Parkway
P.O. Box 279 Nashville, Tennessee 37243-0493
Clifton, Tennessee 38425-5346
Georgia Blythe Felner
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243-0493
William Whitesell
District Attorney General
Third Floor Judicial Building
Murfreesboro, Tennessee 37130
OPINION FILED:______
AFFIRMED -- RULE 20 ORDER
William M. Barker, Judge
Order
The Appellant, Douglas Mattes, appeals as of right the Rutherford County
Circuit Court’s dismissal of his petition for post-conviction relief. On February 21,
1995, the Appellant pled guilty to two counts of aggravated sexual battery. Pursuant
to the plea agreement, he received a mitigated sentence of 7.2 years with a 20%
release eligibility. On April 24, 1996, the Board of Paroles reviewed the Appellant’s
parole eligibility and found that the Appellant should remain incarcerated because of
the seriousness of the underlying offense and because he was participating in sex
offender treatment. On August 14, 1996, the Appellant filed a petition requesting post-
conviction relief. On August 19, 1996, without an evidentiary hearing, the trial court
entered an order dismissing the petition because it was time barred.
The State argues that the statute of limitation for the Appellant’s petition had
expired when it was filed. We agree.
All post-conviction relief petitions filed after May 10, 1995, are governed by the
Post-Conviction Procedure Act of 1995. Tenn. Code Ann. § 40-30-201, Compiler’s
Notes (Supp. 1996). Post-Conviction relief must be sought “within one (1) year of the
date of the final action of the highest state appellate court to which an appeal is taken
or, if no appeal is taken, within one year of which the judgment became final . . . .”
Tenn. Code Ann. § 40-30-202(a) (Supp. 1996).
Here, the Appellant filed his petition under the 1995 Act and the one-year
statute of limitation applies. The Appellant’s judgment became final on or about
March 21, 1995, but since the new Post-Conviction Act became effective on May 10,
1995, the limitations period did not expire until May 10, 1996. The Appellant’s petition
was filed in August, 1996, and is, therefore, barred by the statute of limitations.
The judgment of the trial court is affirmed pursuant to Rule 20 of the
Tennessee Court of Criminal Appeals.
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__________________________
WILLIAM M. BARKER, JUDGE
CONCUR:
__________________________
JOHN H. PEAY, JUDGE
__________________________
JERRY L. SMITH, JUDGE
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