FILED

May 19, 1998

Cecil Crowson, Jr.

Appellate C ourt Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

FEBRUARY 1998 SESSION

JESSIE WILLIAM WARD, )

) No. 03C01-9705-CC-00193

Appellant, )

) Rhea County

vs. )

) Honorable J. Curtis Smith, Judge

STATE OF TENNESSEE, )

)

Appellee. ) (Post-Conviction)

FOR THE APPELLANT: FOR THE APPELLEE:

PRO SE JOHN KNOX WALKUP

Attorney General & Reporter

TIMOTHY F. BEHAN

Assistant Attorney General

Cordell Hull Bldg., Second Floor

425 Fifth Avenue, North

Nashville, TN 37243-0493

J. MICHAEL TAYLOR

District Attorney General

JAMES W. POPE, III

Assistant District Attorney

265 3rd. Avenue, Suite 300

Dayton, TN 37321

OPINION FILED:____________________

AFFIRMED PURSUANT TO RULE 20

WILLIAM B. ACREE, JR.

SPECIAL JUDGE
1At the time of the convictions, the petitioner was on parole from the State of

Ohio. His parole was revoked after the convictions, and he is currently incarcerated in

Ohio. The petitioner believes that if these convictions can be set aside, then he will be

released from prison in Ohio.

2

(b) No court shall have jurisdiction to consider 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 filed within

one (1) year of the ruling of the highest state appellate court or the United States

supreme court establishing a constitutional right that was not recognized as existing at

the time of trial; 

(2) The claim in the petition is based upon new scientific evidence establishing that

such petitioner is actually innocent of the offense or offenses for which the petitioner

was convicted; or 

OPINION

The petitioner, Jessie William W ard, appeals as of right the trial court’s

dismissal of his petition for post-conviction relief.

The petitioner entered a plea of guilty to four misdemeanors in 1994. In

1995, the petitioner filed a petition for post-conviction relief in the General

Sessions Court.1

 The petition was dismissed by the General Sessions Court and

was appealed to this Court. By order dated August 28, 1996, this Court

dismissed the appeal on jurisdictional grounds. See Ward v. State (No. 03C01-

9601-CC-00015, Tenn.Crim.App., at Knoxville).

On September 13, 1996, the petitioner filed a petition for post-conviction

relief in the Circuit Court of Rhea County. The trial court found that the petition

was barred by the statute of limitations and dismissed it.

We affirm the decision of the trial court.

At the time the petitioner’s convictions became final, the statute of

limitations for post-conviction relief proceedings was three years. T.C.A. §40-30-

102 (Repealed 1995). In 1995, the legislature reduced the statute of limitations to

one year. T.C.A. §40-30-202 (a). The 1995 Post-Conviction Act became

effective on May 10, 1995, and applies to all petitions filed after that date. When

the new act took effect, the petitioner’s right to file a petition for post-conviction

relief had not expired. Consequently, the petitioner had one year from the

effective date of the new act to file. See Carter v. State, 952 S.W.2d 417, 419

(Tenn. 1997). This petition was not filed within that year. Furthermore, the

petitioner does not allege facts which would allow him to file under T.C.A. §40-30-

202 (b).2
(3) The claim asserted in the petition seeks relief from a sentence that was enhanced

because of a previous conviction and such conviction in the case in which the claim is

asserted was not a guilty plea with an agreed 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 petition for post-conviction relief is barred by the statute of limitations,

and the judgment of the trial court is affirmed pursuant to Rule 20, Tennessee

Court of Criminal Appeals.

___________________________________

WILLIAM B. ACREE, JR., SPECIAL JUDGE

CONCUR:

___________________________________

JERRY L. SMITH, JUDGE

____________________________________

THOMAS T. WOODALL, JUDGE