# FILED May 25, 1999 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CRIMINA L APPEALS OF T ENNESSEE AT KNOXVILLE FEBRUARY SESS ION, 1999
WIL LI E J.ODUM, ) C.C.A. NO. 03C01-9803- CR-00107 ) Appe llant, ) ) ) KNOX COUNTY VS. ) ) HON. MARY BETH LEIBOWITZ STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Post-Conv icti on)

FOR THE APPELLANT : FOR THE APPELLEE : WIL LIE J. O DOM JOHN KNOX WALKUP Pro Se Attorney Generaland Reporter 7475 CockrillBend Ind. Rd. Nashvill e, TN 37243 MICH AEL J . FAHE Y, III Assistant Attorney General 425 Fifth Avenu e North Nashvill e, TN 37243 RANDALL E. NICHOLS Distri ct Attor ney General FRED BRIGHT Assistant Distri ct Attor ney City-County

Building Knoxivll e, TN 37902
ORDER FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 JERRY L . SMI TH, J UDGE-2- 

## ORDER
The petiti oner, Willi e J. Odom, appeals t he order o f the Kno x Coun ty Criminal Court sum marily dis mi ssing his post-convi ction pet ition without an evidentiary hearing or appoi nting counsel. Odom pled gui lty i n April 1996 t o one (1) count of aggr

avated robber

y and received a senten ce of eight (8) ye ars. In January 1998, he fi led the pres ent petit ion allegi ng that counselwas ineffective, his guilty

plea was not voluntary and he received an ill egal sentence. The trial court dismissed thepetiti on as barred by t he one (1) year statute of limitati ons. See Tenn. Code Ann. § 40-30-202(a). After a revi ew of the record before this Court, we affirm the judgment of t he trial co urt pursuant to Rule 20 of t he Tennessee Court of Criminal Appeals. The pet itione r claims hi s guilt y plea to aggr

avated robber

y viol ated principl es of double jeopardy in t hat he also pled guilty in federalcourt to of fenses arising out of the same incident. He argues that hi s convict ion for aggr avat ed robbery is void due to double j eopardy, and his sentence receive d as a result of such void co nvictio n is, t he refore, ill egal. Because an i llegal sentence may be corrected at any ti me, see State v. Burkhart , 566 S.W .2d 871, 873 (Tenn. 197 8), the petiti oner contends t hat the statute of limita tions d oes n ot app ly in this case. We disagree. This state adheres to the principle of dua l sovereignty in that “succ essive prosecution s by different sover eigns do not subj ect [a defendant ] to dou ble jeopard y.” State v. Straw , 626 S. W.2d 286, 2 87 (Tenn. Crim. Ap p. 1981); see also State v. Wyche , 914 S.W.2d 558 , 56 1 (Tenn. C rim. App. 199 5). Furthermore, the petit ion er’s Range I sentence of eight (8) years f or a Class B felony is a leg al senten ce. See Tenn. C ode Ann . § 40-35-112 (2).-3- The post-convi ction pet ition was filed outside of the one (1)year stat ute of limitati ons, and the peti tioner has cited no reas on to just ify tollingthe statu te. Se e Tenn. Code Ann. § 40-30-202(b) . As a resul t, the t rial cour t was without jurisdi ction to consider the petiti on and properly dismissed thepetiti on without an evidentiary hearing . Tenn. Co de Ann. § 4 0-30-206(b ). IT IS, THEREFORE, ORDER ED that the j udgment of the t rial cour t i s affirmed pursuant to Rule 20, Tennessee C ourt of Crimin al Appe als Rule s. It appearing that the petit ioner is indigent, costs wil l be paid by the State of Tennessee.

____________________________________ JERRY L . SMI TH, J UDGE

CONCUR:

___________________________________ THOMAS T. WOODALL, J UDGE

___________________________________ L. TE RRY LAF FERTY, SPECI AL JUDGE