IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
JUNE 1997 SESSION
FILED
June 19, 1997
Cecil Crowson, Jr.
Appellate C ourt Clerk
JOHNNY SMITH, JR. , )
) C.C.A. No. 02C01-9608-CR-00287
Appellant, )
) Shelby County
V. )
) Honorable Chris Craft, Judge
)
STATE OF TENNESSEE, ) (Post-Conviction)
)
Appellee. )
FOR THE APPELLANT: FOR THE APPELLEE:
Johnny Smith, Jr., Pro Se Charles W. Burson
Reg. No. 12232-076 Attorney General & Reporter
F.C.I. Memphis
P.O. Box 34550 (Beale-B) Janis L. Turner
Memphis, TN 38184-0550 Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Daniel R. Moody
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Avenue
Memphis, TN 38103
OPINION FILED: ___________________
AFFIRMED
PAUL G. SUMMERS,
Judge
OPINION
In 1987 the appellant, Johnny Smith, Jr., pled guilty to the unlawful
possession of marijuana with intent to sell and convicted felon carrying a firearm.
In 1996 he filed a petition for post-conviction relief, approximately nine years
after his convictions became final. The trial court dismissed the petition on the
ground that it was barred by the statute of limitations.
When appellant’s convictions became final, the law allowed three years to
file a petition for post-conviction relief. Tenn. Code Ann. § 40-30-102 (1990).
The appellant's time period for filing his petition expired in 1990. Therefore, his
petition is time barred.
Accordingly, we find no error of law mandating reversal. The trial court's
dismissal of the petition is affirmed in accordance with Tenn. R. Ct. Crim. App.,
Rule 20.
__________________________
PAUL G. SUMMERS, Judge
CONCUR:
____________________________
DAVID H. WELLES, Judge
____________________________
JOE G. RILEY, Judge
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