### IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on

Briefs S eptem

ber 9, 2003 DEVON CRAWF ORD v. STATE OF TENNESSEE Post-Conviction Appeal from the Criminal Court for Shelby County

No. P-21811 John P. Colton, Judge

No. W2003-00016-CCA-R3-PC - F iled November 14, 2003 On Augu st

19, 1999, t

he petitio ner, Devon M. Crawford, filed a pro se petition for post-conviction relief from his convictions of aggravate d robbery, e specially ag gravated robbery a nd first degree murder. Counsel wa s appointe d and an e videntia ry hearing was h el d. In this appeal, petitioner argues that the trial court erred in dismissing his petition for post-conviction relief. After a review of the rec ord, we r

everse and rema nd this ca se to the trial court for a decision on the merits of the post-conviction petition as it relates to indictments 97-02686 and 97-03493. Tenn. R. App.P. 3 Appe al as of Right ; Judgme nt of the Tri al Court is

Affirme d in Part

and Reversed and Remanded in Part J ERRY L. S MITH , J., delivered the opinion of the court, in which G ARY R. W ADE , P. J., and J OE G. R ILEY , J., joined. Charles W. Gilchrist, Jr., Memphis, Tennessee, for appellant, Devon Crawford. Paul G. Summers , Attorne y General & Repor ter; Thoma s E. Wi lliams, III , Assistant Attorney Genera l; William L. Gibbons, District Attorney General; and P. Thomas Hoover, Assistant District Attorney Gene

ral, for appellee, State of Tennessee. OPINION
On September

4, 1997, the petition

er, Dev on M. Craw ford, wa s found g uilty of espec ially aggravated

robbery, indictmen

t numb er 97-02686. On October 1, 1997, he was found g uilty of aggravated

robbery, indictment number 97-03493. Petitioner

was sentenced to 25 years and 11 yea rs1 Post- convi cti on petit ioners and thei r att orneys should not e that Tennessee Code Annot ated Secti on 40-30- 204(c) requires separate peti tions when att acking multiple judgme nts arising from separa te trials or proceed ings. However, the Stat e has not r ais ed th is iss ue and w e th eref ore deem it

waiv ed. -2- re sp ec ti ve ly, to run consecutively. On March 4, 1998, petitioner pled guilty to first de gree murder and was sente

nced to li fe with

the possibility of parole, indictment number 97-02728. On May 29, 1998, petitioner pled guilty to ag gravated robbery and w as sentencedto eight ye ars, indictment number 97-02730. All sentences were ordered to r un concurrently with the life sentence. On August 19, 1999, the petitioner filed a pro se petition for post-conviction relief o n all four convicti ons. 1 P etit ioner was appointed counsel on September 23, 1999 who filed an amended petition on February

9, 2000. The State’s response, filed December 6, 2000, noted that petitioner’s claims as to cases 97-02728 and 97-02730 were barred by the statute of limitations. The trial court entered an ord erdismissing the defendant’s petition as it related to 97-02728 and 97-02730. On August 15, 2002, an evidentiary

hearing was held on the petitioner’s petition and wastaken under advisement

by the trial court. The

trial court entered an order deny ing relief on all claims stating that they were a ll barre d by

the statut e of limita

tions. ARGUMENT

The Post-Conviction Procedure Act of 1995 mandates that a pe rson in cu stody

of this state must petition for post-conviction relief within one ye ar of the date of the fin al action

of the hig

hest state appellate court to which an appeal is taken. See Tenn. Code Ann. § 40-30-202(a) (1995). The statut e of limita

tions shall not be tolled for any rea son, including any tolling or saving provision otherwis e available at law or equity
. Id. The petitioner entered guilty pleas to indictment 97-02728
on March 4, 1998 and indictment 97-02730 on May 29, 1998. Petitioner filed his petition for post--3-

conviction relief o n August 19, 1999. Pe

titio ner conced es that the filing was past the one-y ear statute for those two indictments. However, review of petitioner’s post-con viction re lief petition in
cases 97-02686 and 97-03493 was not barred by the statute of limitations. This court’s opinion was filed March 9, 1999. State v. Devon M. Craw ford , No. 02C01-9803-CR-00061, 1999 wl 134680 (Tenn. Crim. App. at Jackson, Mar. 9, 1999). Th e date of final ac tion from t

he Supre me Court was May 18, 1999, thus, allowing petitioner until May 17, 2000. See Tenn. Code Ann. § 40-30-202(a);
see also State v. Green , 106 S.W.3d 646, 649 (Tenn. 2003). Petitioner filed his post-conv ictio n petition on August 19, 1999. Thus his petition with regard to indictments 97-02696 and 97-03493
was timely

filed. Th e State c oncede s that the p etition in s o far asit addressed

the convictions arising from indictments 97-02696 and 97-03493 was timely filed.

The petitioner req uests re mand of the case on all four indictments. However bec ause the petition a s it rel ates to ind ictments 9 7-02730 a

nd 97-027 28 is clea

rly time barr

ed, such relief i s unavailable. CONCLUSIO N

There fore, we hold th at the tri al court erred in dismissing

the petiti oner’s p ost
conviction petition with regard to the convictions arising from indictments 97-02686 and 97-03493. However, the trial court properly dismissed the petition in so far as it related to indictments 97-02730 and 97-02728. Thus, this case is affirmed in part, and reversed and remanded in part for a decision by the trial court on the pe tition as it relates to indictments 97-02686 and 97-03493.-4- ___________________________________ JERRY L. SMITH, JUDGE