FILED

October 13, 1997

Cecil Crowson, Jr.

Appellate C ourt Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

SEPTEMBER SESSION, 1997

TERRANCE ROYAL a/k/a ) C.C.A. NO. 02C01-9609-CR-00299

Richard Marlowe, )

)

Appellant, )

)

) SHELBY COUNTY

VS. )

) HON. CHRIS CRAFT

STATE OF TENNESSEE, ) JUDGE

)

Appellee. ) (Post-Conviction)

ON APPEAL FROM THE JUDGMENT OF THE

CRIMINAL COURT OF SHELBY COUNTY

FOR THE APPELLANT: FOR THE APPELLEE:

TERRANCE ROYAL a/k/a JOHN KNOX WALKUP

Richard Marlowe Attorney General and Reporter

Fla. D.C. #066519

Hendry Correctional Institution JANIS L. TURNER

Immokalee, FL 34142 Assistant Attorney General

425 5th Avenue North

Nashville, TN 37243

JOHN W. PIEROTTI

District Attorney General

AMY WEIRICH

Assistant District Attorney General

Criminal Justice Complex, Suite 301

201 Poplar Street

Memphis, TN 38103

OPINION FILED ________________________

AFFIRMED

DAVID H. WELLES, JUDGE
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OPINION

The Defendant, a Florida inmate, appeals from the trial court’s denial of his

petition seeking relief from a Tennessee conviction and sentence. The trial court

treated the petition as a petition for post-conviction relief and dismissed it as

barred by the statute of limitations. W e affirm the dismissal.

On January 15, 1992, the Defendant entered guilty pleas to and was

convicted of one count of felony cocaine possession and one count of felony bail

jumping. He received concurrent sentences of four years and one year, ordered

to be served consecutively to certain sentences he received in Florida. 

On April 27, 1995, the Defendant filed a petition to “set aside, modify or

mitigate sentence” which was denied by the trial court on April 28, 1995. On May

3, 1996, the Defendant filed a petition for post-conviction relief from these

convictions, which was dismissed by the trial court on May 14, 1996, based on

the statute of limitations.

On July 8, 1996, the Defendant filed a “ PETITION FOR WRIT OF ERROR

CORAM NOBIS, or in the alternative, APPLICATION FOR WRIT OF HABEAS

CORPUS AD SUBJICIENDUM AD DUCE TESTIFICANDUM.” The trial judge

treated this petition as one for post-conviction relief and dismissed it as time

barred. It is from this order of the trial court that the Defendant appeals.
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The petition essentially alleges that Defendant’s counsel at his guilty plea

proceeding was ineffective for not telling the Defendant that his Tennessee

sentences were to run consecutively to his Florida sentence and that his guilty

pleas entered in the Tennessee cases were therefore not knowing, intelligent and

voluntary, because he would not have pleaded guilty had he known he was to

receive sentences to be served consecutively to his Florida incarceration.

Habeas corpus relief is available only when a convicting court is without

jurisdiction or authority to sentence a defendant or when that defendant’s term

of imprisonment or restraint has expired. Archer v. State, 851 S.W.2d 157, 164

(Tenn. 1993). The Defendant argues that his Tennessee sentences would be

expired if they had been ordered to be served concurrently with his Florida

sentence. His argument gains him no relief because his Tennessee sentences

were clearly ordered to be served consecutively to the Florida incarceration.

Although the petition alleges grounds for post-conviction relief, the trial

judge correctly determined that the petition was barred by the statute of

limitations. Tenn. Code Ann. § 40-30-202; see Carter v. State, __ S.W.2d __

(Tenn. 1997).

The judgment of the trial court is affirmed. 

___________________________________

DAVID H. WELLES, JUDGE
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CONCUR:

___________________________________

JOE B. JONES, PRESIDING JUDGE

___________________________________

JOE G. RILEY, JUDGE