# FILED
March 10, 1998 Cecil W. Crowson Appellate Cou rt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT NASHVILLE WOODROW WILSON, ) ) C.C.A. NO. 01C

01-9707-CR-00431 Appellant, ) ) DAVIDSON COUNTY VS. ) (No. 89-W -347 Belo w) ) STATE OF TENN ESSEE, ) The Hon. Walter C. Kurtz ) Appellee. ) AFFIRMED PU RSUANT TO R ULE 20 ) (Post-Conviction/Habeas Corpus)
O R D E R This matter is before the Court upon the state's motion to affirm the judgment of the trial court pursuant to Rule 2 0, Rule s of the Court of Criminal Appeal s. The petitioner

is appealing the trialcourt's denial of his petition for post-conviction relief as timebarred by the statute of limitations.

The petitioner pled guilt to two counts of aggrav ated sexual battery on August 10, 1989. Pursuant to his plea bargain wit h the state, the trial court sentenced the petitioner

to concurrent twenty

year sent e nces. While no direct appeal was taken , the petitioner

filed a petition for post-conv iction rel ief claiming that his plea w as not entered knowingly, voluntarily, and und erstandingly and that he received ineffective assistance of counsel. This Court affirmed the denial of post- convicti on relief in Wilson v. State , 899 S.W.2d 648 (Tenn. Crim. App. 1994), and the Sup reme Court subsequently denied the petitioner’s request t

o appeal on April 10, 1995.
Thereafter, the petitioner filed pleadings seeking ha bea s corpus and postconviction relief, claiming that his sentence was unconstitutional and illegal because it w as indeterminate, that he was not receiving the benefit of his plea bargain and that he had received ineffective assistance of counsel in conjunction with hi s plea bargain, and that he
was entitled to relief based on this Court’s opinion in State v. Roger Dale Hill , No. 01C01- 9508-CC-00267 (Tenn. Crim. App., at Nashvi lle, filed June 20, 1996), reversed , State v. Hill , ___ S.W.2d ___ (Tenn. 1997). The trial court denied the relief requeste d, and this Court affirmed the trial court pursuant to Rule 20. Woodrow Wilson v. State , No. 01C01- 9611-CR-00485 (Tenn. Crim. App., at Nashville, filed Feb. 4, 1998 ).-2- In the case before us, the trial court den ied the petition, stating “[t] he present pleading before the Court is repetitiv e, well beyond the three (3) year statute of limitations forpost-conviction relief petitions, and does not state a cause of action for habeas corpus relief.”

From a rev iew of th e record, the pleadings, and this Court’s prev ious opinions, it is clear

that the trial court prope rly denied relief withouta hearing. Specific ally, the issuespresented in this appeal hav e been previously determi ned, see T.C.A. § 40-30- 206(h), the petition was filed outs ide the statute of limitations, see T.C.A. § 40-30-202 and Carter v. State , 952 S.W.2d 417 (Te nn. 1997), and the trial court waswithout jurisdicti on to consider any h ab eas corpus claims because the petitioner is incarcer ated in Wayne County, see T.C.A. § 29-21-105.

IT IS, THEREFORE, ORDERED that the judgment of the trial court is affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules.The petitioner being indigent, costs are taxed to the state.

ENTER, this the ____ day of ___________,1998.

_____________________________ JOHN H. PEAY, JUDG E CONCUR:

_____________________________ JERRY L. SMITH, JUD GE

_____________________________ THOMAS T. WOODALL, JUDGE