# FILED
January 30, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT JA CKSON JANUA RY 1998 SESSION

RICHARD L EE YOUNG, ) ) NO. 02C01-9703-CR-00130 Appellant, ) ) SHELBY COUNTY VS. ) ) HON. CAROLYN WADE ) BLACKETT, JUDGE ) STATE OF TENN ESSEE, ) ) Appellee. ) (Post-Conviction)

FOR THE APPELLANT : RICHARD L EE YOUNG, pro se Register Number 101867 Cold Creek Correcti onal Facility P.O. Box 1000 Henning, TN 38041-1000 FOR THE APPEL LEE : JOHN KNOX WALKUP Attorney General and Repor ter SARAH M. BRA

NCH Assistant Attorney Gener al Cordell Hull Buildi ng, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General RHEA CLIFT Assistant

District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947

OPINION FI LED:

AFFIRMED
JOE G. RILEY, JUDGE2 OPINION The petitioner, Richard Lee Y oung, appeals the order of the Cr iminal Court of Shelby County di smissing his petition for post-conviction rel ief. Petitioner alleged that his indictment for first degree murder was void for failure to state the appropriate mens rea . The trial court dismiss ed the petition without an evidentiary heari ng finding the petition w as barred by the statute of li mitations. The judgment of the trial court i s affirmed.

I. In November 1983, the petitioner pled guilty to first degree murder, aggravated kidnapping and two (2) counts of robbery with a deadly weapon. He received an effective sentenc e of life imprisonment plus ten (10) years. On December 11, 1996, petitioner fil ed a petition for post-convi ction relief alleging his indictment for first degree murder was fatally defective and, theref ore, his conviction was v

oid. The trial court dismi ssed the petition holding i t was barred by the statute of limitations . Petitioner now appeals the dismissal of his petiti on for post -convi ction r

elief.

II. This case is controlled by the new Post-Convic

tion Procedure Act, Tenn. Code Ann. § 40-30-201 et seq.,as the petition for relief w as filed after May 10, 1995. Prior to the adoption of the recent Post-Conviction Procedure Act, such petitions had to be filed within three (3) years of the date of the final action of the highest state appellate cour t to which an appeal w

as taken. Tenn. Code Ann. § 40-30-102 (repealed by 1995 Tenn. Pub. Act 207 § 1). The statute of li mitations normally begins to r

un on the date of a guilty ple a when an appeal is wai ved. Warren v. State , 833 S.W.2d 101, 10 2 (Tenn. Crim. App. 1992). Petitioner's guilty plea was entered in November 1983. However, as a result of this Court's3

decision in Abston v. State , 749 S.W.2d 487, 488 (Tenn. Crim. App. 1988), the statute for the petitioner began to run July 1, 1986, and ex pired July 1, 1989. Consequently, the petiti on for post-conviction r elief is barred by the st atute of limitations. The limitatio ns period was not rev ived by the new Pos

t-Conviction Procedure Act. See Carter v. State , ___S.W.2d___ (Tenn. 1997).

III. Furthermore, this petitio ner has filed a previous petition for post-convicti on relief. The Post-Convict ion Procedure Act contemplates the filing of only one petition for post-convic

tion relief. Tenn. Code Ann. § 40-3 0-202(c). A petitioner may file to re-open the petiti on under limited circumstanc es. Tenn. Code Ann. § 40-30-217(a). Howev

er, petitioner alleges

none of the recognized gr ounds to justify such a motion.

IV. Finally, we addres

s petitioner's allegation that the indictment was void for failing to allege the proper mens rea . The indictment alleged that petitioner "did unlawfu lly, felon iously, wilf ully, delib erately, m alicious ly and prem editate dly" murder the victim. The indi ctment is sufficient. See Hill v. State , ___S.W.2d___ (Tenn. 1997).
The judgment of the trial court i s affirmed.4 __________________________ JOE G. RILEY, JUDGE
CONCUR:

______________________________ JOE B. JONES, PRESIDING JU DGE

______________________________ PAUL G. SUMM ERS, JUDGE