# FILED
September 3, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT JA CKSON JULY 31, 1998 SESSION

CLONTE THOMA

S, )

) NO. 02C01-9804-CR-00113 Appellant, ) ) SHELBY COUNTY VS. ) ) HON. JOSEPH B. DAILEY, STATE OF TENN ESSEE, ) JUDGE ) Appellee. ) AFFIRMED - RULE 20
ORDER
Petitioner

appeals the summary dismissal of hi s second petition for postconviction relief. The tri al cou rt dismissed the petition find ing the statute of limitationshad expired, and his allegations were resolved in his first petition for postconviction relief. We affirm the judgment of the trial court pursuant to Rule 20, Tennessee Court of Criminal Appeal s. Petiti oner

was convicted of first

degree murder on August 7,1991. Th e convict ion was af firmed by this Court. State v. Clonte J. Thomas , C.C.A. No. 02C01-9112-CR-00262, Shelby County (Tenn. Crim. App. filed January 27, 1993, at Jackson). The Tennessee Supreme Court denied permissi on to appeal on June 7, 1993. Pet itioner

filed his first petition for po st-conviction reli ef on Septem ber 23 , 1993, alleging ineffective as sistance of counsel and erroneous jury instructions. The petition was dismissed af ter an evidentiar y hearing, and this Court affirmed the dismissal. Clonte Thomas v. State , C.C.A. No. 02C01-9408 -CR-0 0167, Shelby County (Tenn. Crim. App. filed Marc h 22, 1995, at Jackson). Permission to appeal was denied by the Tennessee S upreme Court on July 10, 1995

. The present petition for post-conv iction relief was filed on February27, 1998. The trial court summarily dismissed the petition finding it to have been filed outside the statute of limitations, and the previous petition had been resolved on its merits.2 Petitions filed after May 10, 1995, are c ontrolled by the Post -Conviction Procedure Act of 1995. See Tenn. Code Ann. § 40-30-201 Compiler ’s Notes. The statute of limitations is one (1) year. Tenn. Code A nn. § 40-30-202(a). For convictions

that were final prior to

May 10, 1995, the last possible da te for filing a petition for post-conviction re lief was May 10, 1996. See Jason L . Jennings v

. State , C.C.A. No. 01C01-9703-CR-00106 Dav idson County (Tenn. Crim. App. fil ed April 1, 1998, at Nashville) . None of the exceptions to the one-year requirement applies in this case. See Tenn. Code Ann. § 40- 30-2 02(b). Thus, the trial court correctly ruled that

the petition was barred by the statute of limitations

. Further, Tenn. Code Ann. § 40 -30-202(c ) provides that a second or subsequent

petition shall be summaril y dismissed if a prior petition has been resolved on its merits by a cour t of competent jurisdiction. As found bythe trial court, the prior

petition was

resolved on its merits; therefore, the trial court properly dismissed the present petiti on summarily. It is, th erefore, ordered that the judgment of the tr ial court be affirmed pursuantto Rule 20, Tennessee Court of Criminal Appeals. Costs are taxed to the state as it appears the petiti oner is indigent.

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_ JOE G. RILEY, JUDGE

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____ PAUL G. SUMM ERS, JUDGE

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________ DAVID G. HA

YES, JUDGE