# FILED
December 17, 1997 Cecil W. Crowson Appellate Cou rt Clerk IN THE COURT OF CRIMI NAL APPEALS OF TENNESSEE

AT NASHVILLE NOVEMBER 1997 SESSI ON

GLENN HALLOCK, ) ) Appellant, ) No. 01C01-9704-CR-00121

) ) Wilson County v. ) ) Honorable J.O. Bond, Judge ) STATE OF TENNESSEE, ) (Post-Conviction) ) Appellee. ) For the Appellant : For the Appellee : Glenn Hallock, Pro se John Knox Walkup Special Needs Facility Attorney General of Tennessee 7575 Cockrill Bend Industr ial Rd. and Nashville, TN 37209-1057 Elizabeth B. Marney Assistant Attorney Gener al of Tennessee 450 James Robertson Parkwa y Nashville, TN 37243-0493 Tom P. Thompson, Jr. District Attorney General P.O. Box 178 Hartsville, TN 37074-0178 and Doug Hall Assistant District A

ttorney General 111 Cherry Street Lebanon, TN 37087 OPINION FILED:____________________
AFFIRMED Joseph M. Tipton Judge2 O P I N I O N
The petitioner, Glenn Hallock, appeals as of right from the Wilson County Criminal Court’s judg ment denying him post-conv iction relief from his 1992 conv ictions for aggravated rape, r

ape, incest and aggrav ated sexual battery for w hich he received an effective sentence of thirty- eight years in the cu stody of the Department of Correction. The trial c

ourt held that the petition for r elief was barred by th e statute of limitations and that, in any event, the grounds asserted for relief had been previously determined or waived. The petitioner contends that his petition is not time barre d and that the grounds have not been previously determin ed or waived. We affirm the trial court.
The petitioner’s convict ions were affirmed on appeal. State v. Glenn Hallock , No. 01-C-01-9301-CR-00002, Wilson Coun ty (Tenn. Crim. App. Oct. 7, 1993), app . denied (Tenn. Feb. 28, 1994). Under th e then-existing Post Conviction Procedures Act, the petition er had three years from the s upreme court’s denial of review being final

within which to fil e his post-conviction petition. See T.C.A. § 40-30- 102 (repealed 1995). How ever, under the 1995 Post-C onviction Procedures Ac t that controls all post-conv

iction petitions filed after M ay 10, 1995, any then-ex isting but unfiled claims were gi

ven only one year from May 10, 1995, to be filed bypostconviction petition. See T.C.A. § 40-30-202(a); Albert Holston v. State , 02C01-9609- CR-00298, Shelby County (Tenn. Crim. App. July 2 8, 1997). This means that the petitioner was requi red to file his petition on or before May 10, 1996. Thus, the peti tion in this case, filed on Marc h 3, 1997, was untimely a nd is barred.
As for four of the grounds for reli ef that the petitioner raised i n his petition, the record supports the conclusion that they were previously determined in his direct appeal. As for his remaining claim that the indictment failed to state offenses, our3

supreme court’s holding i n State v. Roger Dale Hill, Sr. , No. 01-S-01-9701-CC- 00005, Wayne County (Tenn. Nov. 3, 1997) (for pub lication), controls. Under Hill , the allegations in the indic

tment charge the offenses for whic h the petitioner was prosecuted.
In consideration of the foregoing, the judgment of the trial court is affirmed.

______________________________ Joseph M. Tipton, Judge CONCUR:

_________________________ John H. Peay, Judge

_________________________ David H. Welles, Judge