The opinion
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
MAY SESSION, 1997 March 25, 1998
Cecil Crowson, Jr.
Appellate C ourt Clerk
William D. Clapp, ) C.C.A.No. 03C01-9701-CR-00028
)
Appe llant, )
)
) JOHNSON COUNTY
VS. )
) HON. LYNN W. BROWN
STATE OF TENNESSEE, ) JUDGE
)
Appellee. ) (Post Conviction - Sentencing)
FOR THE APPELLANT: FOR THE APPELLEE:
William David Clapp, Pro Se John Knox Walkup
No. 04405-084 Attorney General and Reporter
P.O. Box 4 000 W hitely-B
F.C.I. Manchester
Manchester, KY 40962-4000 Georgia Blythe Felner
Coun sel for the S tate
450 James Robertson Parkway
Nashville, TN 37243
David C rockett
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
OPINION FILED ________________________
AFFIRMED PURSU ANT TO RU LE 20
JERRY L. SMITH, JUDGE
OPINION
In this appe al of the summary dismissal of his post-conviction petition
Appe llant, Willia m Da vid Cla pp, as ks this C ourt to r eview the validity of his
conviction entered upon his pleas of guilty on September 11, 1985. Appellant
pled guilty to des truction of p rivate prop erty. As part of the plea agreement
Appellant received a sentence of eleven months and twe nty-nin e days , all
suspe nded e xcept ten days.
Without acknowledging his post-conviction petition was time-barred under
the three yea r statute of lim itations in effect w hen h is conv iction b ecam e final,
Appellant argues that the enactment on May 10, 1995, of the new one year
statute of limitations for post-conviction petitions creates a new one year period
in which he may file for post-conviction relief. Our State S uprem e Cou rt has o nly
recen tly resolved this issue a dversely to Appe llant’s position . Carter v. S tate,
Monroe Co., No. 03-S-01-9612-CR-00117 (Tenn. S. Ct. September 8, 1997, at
Knoxville). Thus the petition for post-conviction relief was properly dismissed.
According ly, the jud gme nt of the trial cou rt is affirm ed in a ll respects
pursuant to Rule 20, Rules of the Court of Criminal Appeals.
____________________________________
JERRY L. SMITH, JUDGE
CONCUR:
___________________________________
PAUL G. SUMMERS, JUDGE
-2-
___________________________________
DAVID G. HAYES, JUDGE
-3-