# FILED
May 19, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CRIMINA L APPEALS OF T ENNESSEE AT KNOXVILLE FEBRUA RY 199 8 SESSI ON

TERRY LY NN KING, ) ) No. 03C01-9705-CC-00179 Appe llant, ) ) Graing er Cou nty vs. ) ) Honorable Rex Henry Ogle , Judge STATE OF TENNESSEE, ) ) (Post-Convi ction) Appellee. )

FOR THE APPELLANT: FOR THE APPELLEE: EDWARD C. MILLER JOHN KNOX WALKUP Public Defender Attorney General& Reporter P. O. Box 416 Dandridge, TN 37725 MARVIN E. CLEMENTS, JR. Assistant Attorney General Cordell HullBldg., Second Fl oor 425 Fifth Avenu e, North Nashvill e, TN 37243-0493 ALFRED C. SCHMUTZER, J R. Distri ct Attorney General RICHARD VANCE Assistant Distri ct Attorney 339 A. M ain St. Newport, TN 37821

OPINION FILED:____________________

AFFIRMED PURSU ANT TO RU LE 20
WILLIAM B.ACREE, J R. SPECI AL JUDGE1 (b) No cour t shall hav

e jurisdic tion to cons ider a petition filed after such time unless: (1) The claim in the petition is based upon a final ruling of an appellate court establishing a constitutional right that was not recognized as existing at the time of trial, if retrospective application of that right is required. Such petition must be f iled within one (1) year of the ruling of the highest state appellate c ourt or the United States supreme court establishing a constitutional right

that was not recogniz

ed as existing at OPINI ON
The petition er, Te rry Lynn King, a ppea ls as of r ight the trial cou rt’s dismiss al of his pe tition for post-c onviction re lief. The p etitioner en tered a p lea of guilty to firs t degree murde r and to aggravated kidnapping o n May 3, 198 4. He received a sentence of life and five years impri sonment. The petit ioner fi led a peti tion for post-convi ction rel ief on Octo ber 11 , 1988 . He wa s den ied relie f, and th e den ial was affirme d by this Court on December 11, 1990. See King v. Sta te , (1 990 Ten n.Cr im.Ap p. LEX US 817, filed D ecem ber 11, 1 990, at K noxville). This petit ion was fi led on March 14, 199 6. The tri al court di smissed the petition with out an e videntiary h earing.
We find that the petition is ba rred by the statute of lim itations.
Prior to Ju ly 1, 1986 , there wa s not a sta tute of limitatio ns for po stconviction rel ief. That year, the legislat ure enacted T.C.A. §40-30-102, which provided for a three year statute. Thereafter, thi s Court held t hat all persons who had been convicted of crimes prior to July 1, 1986, had t hree years f rom that date within whi ch to fi le a peti tion for post-convi ction rel ief. See Abston v. State , 749 S.W.2d 487, 488 (Tenn.Crim.App. 1988). Because t he petiti oner’s convi ction predate d the effec tive date of th e Act, the petitioner h ad until Ju ly 1, 1989 , to file. He timely f iled a pet ition, and it was deni ed.
In 1995 , the legislatu re reduc ed the sta tutory perio d for filing pos tconvict ion pet it ion s to one yea r. T.C. A. § 40- 30- 202 (a). Thi s Act bec ame effective on May 10, 1995. The petiti oner contends t hat under the new Act , he had o ne yea r within w hich to file ano ther pe tition. Th is cont ention is not w ell taken. The new act does not revive claims t hat which were ba rred by th e previous statute of lim itations. Carter v. S tate , 952 S.W.2d 417, 420 (Tenn. 1997). F urtherm ore, the p etitioner do es not alle ge facts w hich wo uld allow h im to file under T.C.A . §40-30-202 (b). 1the time of trial;

(2) The claim in the petition is based upon new scienti fic evidence establishing that such petitioner is actual ly innocent of the offense or offenses for w hich the petitioner was convicted; or (3) The claim asserted in the petition seeks relief from a s entence that was enhanced because of a previous conviction and such conviction in the case in which the claim is asserted was not a gui lty plea with an ag reed sentence, and the previous conviction has subsequently been held to be invalid, in which case the petition must be filed within one (1) year of the finality of the ruling holding the previous conviction to be invalid. The judgment of the t rial cour t is af firmed in accordance withRule 20 Tennessee Court of Criminal Appeals.

___________________________________ WILLI AM B. A CREE, JR., SPECI AL JUDGE

CONCUR:

___________________________________ JERRY L . SMI TH, J UDGE

____________________________________ THOMAS T. WOODALL, J UDGE