FILED

May 25, 1999

Cecil Crowson, Jr.

Appellate C ourt Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

FEBRUARY SESSION, 1999

WILLIE J. ODUM, ) C.C.A. NO. 03C01-9803-CR-00107

)

Appellant, )

)

) KNOX COUNTY

VS. )

) HON. MARY BETH LEIBOWITZ

STATE OF TENNESSEE, ) JUDGE

)

Appellee. ) (Post-Conviction)

FOR THE APPELLANT: FOR THE APPELLEE:

WILLIE J. ODOM JOHN KNOX WALKUP

Pro Se Attorney General and Reporter

7475 Cockrill Bend Ind. Rd.

Nashville, TN 37243 MICHAEL J. FAHEY, III

Assistant Attorney General

425 Fifth Avenue North

Nashville, TN 37243

RANDALL E. NICHOLS

District Attorney General

FRED BRIGHT

Assistant District Attorney

City-County Building

Knoxivlle, TN 37902

ORDER FILED ________________________

AFFIRMED PURSUANT TO RULE 20

JERRY L. SMITH, JUDGE
-2-

ORDER

The petitioner, Willie J. Odom, appeals the order of the Knox County

Criminal Court summarily dismissing his post-conviction petition without an

evidentiary hearing or appointing counsel. Odom pled guilty in April 1996 to one

(1) count of aggravated robbery and received a sentence of eight (8) years. In

January 1998, he filed the present petition alleging that counsel was ineffective,

his guilty plea was not voluntary and he received an illegal sentence. The trial

court dismissed the petition as barred by the one (1) year statute of limitations.

See Tenn. Code Ann. § 40-30-202(a). After a review of the record before this

Court, we affirm the judgment of the trial court pursuant to Rule 20 of the

Tennessee Court of Criminal Appeals.

The petitioner claims his guilty plea to aggravated robbery violated

principles of double jeopardy in that he also pled guilty in federal court to offenses

arising out of the same incident. He argues that his conviction for aggravated

robbery is void due to double jeopardy, and his sentence received as a result of

such void conviction is, therefore, illegal. Because an illegal sentence may be

corrected at any time, see State v. Burkhart, 566 S.W.2d 871, 873 (Tenn. 1978),

the petitioner contends that the statute of limitations does not apply in this case.

We disagree.

This state adheres to the principle of dual sovereignty in that “successive

prosecutions by different sovereigns do not subject [a defendant] to double

jeopardy.” State v. Straw, 626 S.W.2d 286, 287 (Tenn. Crim. App. 1981); see

also State v. Wyche, 914 S.W.2d 558, 561 (Tenn. Crim. App. 1995).

Furthermore, the petitioner’s Range I sentence of eight (8) years for a Class B

felony is a legal sentence. See Tenn. Code Ann. § 40-35-112(2).
-3-

The post-conviction petition was filed outside of the one (1) year statute of

limitations, and the petitioner has cited no reason to justify tolling the statute.

See Tenn. Code Ann. § 40-30-202(b). As a result, the trial court was without

jurisdiction to consider the petition and properly dismissed the petition without an

evidentiary hearing. Tenn. Code Ann. § 40-30-206(b).

IT IS, THEREFORE, ORDERED that the judgment of the trial court is

affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. It

appearing that the petitioner is indigent, costs will be paid by the State of

Tennessee.

____________________________________

JERRY L. SMITH, JUDGE

CONCUR:

___________________________________

THOMAS T. WOODALL, JUDGE

___________________________________

L. TERRY LAFFERTY, SPECIAL JUDGE