# FILED October 13, 1997 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CRIMINA L APPEALS OF T ENNESSEE AT JACKSON SEPTEMBE R SESSION, 1997
TER RANC E RO YAL a/k /a ) C.C.A. NO. 02C01-9609- CR-00299 Richard Marlowe, ) ) Appe llant, ) ) ) SHELBY COUNTY VS. ) ) HON. CHRIS CRAFT STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Post-Convi ction)

ON APPEA L FROM THE JUDGMENT OF THE CRIMINAL COURT OF SHELBY COUNTY FOR THE APPELLANT : FOR THE APPELLEE : TER RAN CE R OYAL a/k/a JOHN KNOX WALKUP Richard Marlowe Attorney Generaland Reporter Fla. D.C. #066519 Hendry Correcti onal Inst ituti on JANIS L. TURNER Immokalee, FL 34142 Assistant Attorney General 425 5th Avenu e North Nashvill e, TN 37243 JOHN W. PIEROTTI Distri ct Attorney General AMY WEIRICH Assistant Distri ct Attorney General Criminal Just ice Complex, Sui te 301 201 Poplar Street Memphis, TN 38103

OPINION FILED ________________________ AFFIRMED DAVID H. WELLES , JUD GE-2- 

# OPINION

The Defen dant, a Florid a inm ate, ap peals from th e trial co urt’s de nial of h is petiti on seeking rel ief fr om a Tennessee convict ion and sentence. The trial court treated the petit ion as a peti tion for post-convi ction rel ief an d di smi ssed it as barre d by the statute of limita tions. W e affirm the dis miss al.

On Janua ry 15, 199 2, t he Defendant enter ed guilt y pleas to a nd was convictedof one count of felony cocai ne poss essio n and one c ount o f felony b ail jumping. He received concurrent se ntences of fou r years and one ye ar, ordered to be ser ved con secutively to certain se ntence s he rece ived in Florid a.
On April 27, 19 95, the D efenda nt f ile d a petiti on to “set as ide, modif y or mitigate sentence”which was denied by t he trialcourt on Apri l 28, 1995. On May 3, 1996, the D efendant filed a petition for post- conviction rel ief from these convictions, which was d is misse d by the trial court on May 14, 1996, based on the statute of l imitations.

On July 8, 199 6, the Defe ndant filed a “ PET ITION FOR WR IT OF ERROR CORAM NOBIS, or in thealter nativ e, APPLI CATION FOR WRIT OF HABEAS CORPUS AD SUBJI CIENDUM AD D UCE TEST IFICANDUM.” The trialjudge t reated thi s pe ti ti on as one for pos t- convict ion rel ief and dis mis sed it

as t ime barred. It i s from this order of t he trial court that the Defendant appeals.-3- The petiti on esse ntially alleges t hat Defendant’ s counsel at hi s guilt y plea proceeding was i neffective for no t te ll ing t he De f endant that hi s Tennessee sentences w ere to run co nsecu tively to his Flor ida sente nce an d that his g uilty pleas entered in the T ennesse e cases w ere therefore not knowing, i ntelli gent and voluntary, bec ause h e would not have pleade d guilty had he kno wn he w as to receive sentences to be served consecutively to hi s Florida i ncarcerati on.

Habeas corpus relief

is avai lable only when a convi cting court i s wi th out jur isdict ion or autho rity to senten ce a de fendan t or when that defen dant’s te r m of imprisonment or

restrai nt has expir

ed. Archer v. State , 851 S.W.2d 157, 164 (Tenn. 19 93). T he Defendant argues t hat his Tennessee sentences would be expired if they had been ordered to be served conc urre ntly with his Florida sentence. His argument gai ns him no reli ef because his Tennessee sentences were clearly ordered to be served consecut ively to the Florida incarceration.
Although the petit ion all eges grounds for post-convi ction rel ief, t he t r ial judge correctly determined t hat the p etit ion wa s barred by t he statute of limitati ons. Tenn. Code Ann. § 4 0-30-20 2; see Carter v. S tate , __ S.W.2d __ (Tenn. 19 97).
The jud gmen t of the trial cou rt is affirmed
.

___________________________________ DAVID H. WELLES , JUD GE-4-

CONCUR:

___________________________________ JOE B. JONES, PRESI DING J UDGE

___________________________________ JOE G. RILE Y, J UDGE