# FILED
April 29, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT JA CKSON

JAMES H. CRAWFORD , ) ) Petitioner, ) C. C. A. NO. 02C01-9712-CR-00471 ) vs. ) SHELBY COUNTY ) STATE OF TENN ESSEE, ) No. P-19110 ) Respondent. )

O R D E R

This matter is before the Court u pon the state's motion to affirm the tr ial court judgment by order under Rule 20, Rules of the Court of Criminal Appea ls. This case represents an appeal from the t rial court's dismiss al of the petitioner's petiti on for writ of habeas corpus. The record has been filed and the petitioner has submitted his appella te brie f.
The record reflects that the petitioner pled guilty to two drug charges in 1988, and received two c oncurrent four year sentence s. No appeal was taken. In 1990, upon an undisclosed charg e, the petitioner was sentenced in federal court to a term of 292 months as a career offender. The tw o 1988 state convictions w ere used to enhance the term of confinement. The petitioner is currently in feder

al custody.
In November 1997, the petition er filed a petition for wr it of habeas corpus in the trial court. The peti tioner alleged that his g uilty pleas were unconstitutional because the tri al cour

t failed to infor m him of hi s right again st compu lsoryselfincrimination and right

to confront his accusers. The petitioner insisted that the petition not be considered a petition for p ost-conviction reli ef. On December 4, 1997, the trial court dismissed the petiti on for two reasons: 1) the trial court was w ithout authority to grant the writ of habeas c orpus because the petitioner w as not under a Tennessee order of restraint, and 2) despite the petitioner's insi stence, if considered a petiti on for1 The petition in thi s case was fil ed on November 12, 1997, and i s therefore governed by the provision s of the 1 995 Po st-Con viction Pro cedure Act. See Comp iler’s Notes, T.C.A. § 40-30-201 (1997).

2 The pe tition would als o be bar red und er the pre vious thre e year statu te of limitation s. See T.C.A . § 40-30 -102 (19 90) (rep ealed); Passa rella v. State , 891 S.W .2d 619 ( Tenn . Crim. A pp.), perm . to app. denied , (Tenn. 1994). 2 post-conviction reli ef, the petition is time-barr ed.
The sentences imposed upon the petitione r from his 1988 state convictions have ex

pired and the record reflects that the petitioner is cur rently in federal custody serving a federal sentence. According ly, the courts of this st ate have no authority to issue a writ of habeas corpus for the petiti oner in this instance. T.C. A. §§ 29-21-101, 102. The petition for writ of habeas corpu s was therefore properly dismissed.
Furthermore, the petition i s barred by the statute of li mitations of the PostConviction Procedure A ct. Pursuant to T.C.A. § 40-30- 202(a) 1 , a person in custody under a sentence of a court of this state must petition for post-conviction relief within one year of the date of the final action of the highest state appellate c ourt to which an appeal is taken or, if no appeal i s taken, within one y ear of the date on which judg ment became final. The Post-Convic tion Procedure Act prov ides several limited exceptions to the one-year statute of li mitations, however none of them are applicable to the present case. See § 40-30-202(b). The petition in this case was filed w ell beyond the applicab le statut e of limi tations , and is, t herefo re, untim ely. 2

For the reasons stated above, we conclude that the trial court did not err in dismissing the petitioner’s petition for wr it of habeas corpus. According ly, it is hereby ORDERED that the judgment o f the trial court is affirmed in accordance with Rule 20 , Rules of the Court of Criminal Appeals.3 Enter, this the ___ day of Mar ch, 1998.

_____________________________ JOE G. RILEY, JUDGE

_____________________________ JOE B. JONES, PRESIDING JUDGE

_____________________________ PAUL G. SUMMERS, JUD GE