# FILED
August 17, 1998 Cecil Crowson, Jr. Appe llate Court C lerk IN THE COURT OF CR IMINAL APPEALS OF T ENNESSEE

AT KNOXVILLE JUNE SESSION, 1998

CARL ROWNTREE, ) ) No. 03C01-9709-CR-00379 Appellant ) ) KNOX COUNTY vs. ) ) Hon. RAY L. JENKINS, Judge STATE OF TENNESSEE, ) ) (Post-Conviction) Appellee )
For the Appellant : For the Appellee : Carl Towntree , Pro Se John Knox Walkup N.E.C.C. #225115 Attorney General and Reporter P. O. Box 5000 Mountain City, TN 37683- 5000 Ellen H. Pollack

Assistant Attorney General Criminal Justice D ivision 450 James Robertson Parkwa y Nashville, TN 37243-0493
Randall E. Nichols District Attorney Gener al City-County Building Knoxville, TN 37902

OPINION FILED: AFFIRMED
David G. Hayes Judge2 O P I N I O N
The appellant, Carl Rowntree, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief. The post-conviction court summarily dismissed the petition fi nding the claims alleged w ere barred by the statute of limitations.
After review, we affirm.
In April 1993, the appellant pl ed guilty to second degree mur der and aggravated robbery. Pursuant to these guilty pleas, the tr ial court imposed concurrent sentences of fort y years incarceration f

or second degree murder and twenty years incarcerat ion for aggravated robbery. On April 7, 1997, the appellant filed a pro se

petition seeking post-conv iction relief. The appel lant’s petition raised the claims of (1) inv

oluntary guilty plea and ( 2) ineffective assistanc e of counsel. On April 17, 1997, the Knox County Criminal Court sum marily dismissed t he petition as being time-barred.
At the time the appellant’s convictions became final, April 1993, the statute of limitations applicabl e to post-conviction proceedings was three years. T enn. Code Ann. § 40-30-102 (repealed 1995). In 1995, the legislat ure reduced the statutory period for filing post- conviction petitions from three years to one year. T enn. Code Ann. § 40-30-202(a) (1995 Supp.). As a result, the new Post-Conviction Proce dure Act governs this petition and all petitions filed aft er May 10, 1995. Because the previous three-year statute of limitations had not expired at the time the ne w Act went into effect, his rig ht to petition for post-conv iction relief surviv

ed under the new Act. See Carter v. State , 952 S.W.2d 417, 420 (Tenn. 1997) . Therefore, the appellant had until May 10, 1996, one year from the effectiv e date of the new Act, to3

file for post-convicti on relief. Compiler’ s Notes, Tenn. Code Ann. § 40-3 0-201 (1996 Supp.); see also Daniels v. State , No. 03C01-9606-CC-00244 ( Tenn. Crim. App. at Knoxville, Feb. 27, 1997), perm. to appeal denied (Tenn. Sept. 29, 1997). Instead, the appellant filed this peti tion almost 11 months after the statute had run. Moreover, the grounds rai sed in this petition and on appeal do not fall within any of the exceptions to the statute of l imitations set out in Te nn. Code Ann. § 40-30- 202(b)(1), (2), or (

3). The statute of limitations on this petition has expired, requiring a dismissal of the appell ant’s petition for post-c onviction relief.

Accordingly, the judgment o f the trial court is affirmed.

____________________________________ DAVID G. HAYES, Judge

CONCUR:

_________________________________ JOHN H. PEAY, Judge

_________________________________ JOSEPH M. TIPTON, Judge