# FILED
March 6, 2000 Cecil Crowson, Jr. Appellate Cou rt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT JA CKSON DECEMBER 1999 SESSION
STEVEN DEWAYNE BOLDEN, * No. W1999-00029-CCA-R3-PC Appellant, * LAKE COUNTY
vs. * Hon. R. Lee Moore , Jr., Judge STATE OF TENN ESSEE, * (Post-Conviction) Appellee. *

For Appellant : For Appellee : Steven DeWayne Bolden Paul G. Summers W.T.S.P., Site 2 Attorney General and Repor ter P.O. Box 1150 425 Fifth Avenue North Henning, TN 38041-1150 Nashville, TN 37243-0493 R. Stephen Jobe Assistant Attorney Gener al Criminal Justice Div

ision 425 Fifth Avenue North Nashville, TN 37243-0493

OPINION FILED:

AFFIRMED

NORMA MCGEE OGLE, JUD GE1 The indictment was amende d by a “Consent Order” signed by the trial court, the prosecutor, and the p etitioner’s trial co unsel. 2 OPINION The petitioner, Steven DeWa yne Bolden, appeals the dismissal of his petition for post-convic

tion relief by the Lake Count y Circuit Court on

March 26, 1999. Following a r

eview of the record and t he parties’ briefs, we a ffirm the judgment of the post-convict ion court.

On August 18, 1994, the petitioner was convicted by a jury in the Lake County Circuit Cour

t of aggravated assault. The trial court sentenced the petitioner as a standard, Range 1 offender to thr ee years incarcerati on in the Tennessee Department of Correction. On July 26, 1996, this court aff irmed the petitioner’s conviction, and, on December 30,1996, our supreme court denied further review. State v. Bolden , No.02C01-9502-CC-0053, 1996 WL 417673 (Tenn. Crim. App. at Jackson), perm. to appeal denied , (Tenn. 1996). On January 20 , 1999, the petitioner filed the instant pr o se petition for post-conv iction relief in the Lake C ounty Circuit Court. The petit ioner asserted that his conv iction is void, becaus

e he was originally indi cted on one count of attempted first degr ee murder and did not consent to the amendment of his indictment to inc lude the offense of aggravated assa ult. 1 The post-conviction court dismissed the petition due to the expiration of the applicable statute of limitations.

The instant petition for post-conv iction relief was filed after May 10, 1995, and is therefore governed by the provisions of the Post-Conviction Procedure Act of 1995. This act require s that a petitioner file a peti tion for post-conviction relief within one year of the date of the final action of the highest st ate appellate court to which an appeal was ta ken. Tenn. Code Ann. 40-30-202(a) (1997). No court has2 Of course, “th e statute of limit ations for

fili ng post-convi ction pet iti ons in no way precludes th e filing of petit ions for habeas corpus w hich contest void judgmen ts.” Taylor v. Sta te , 995 S.W.2d 78, 84 (Tenn. 1999). 3 jurisdiction to hear a petition filed after the expiration of th e limitations period unless a petitioner’s claims fall within one of three exce ptions enumerated in the statute, id. at (b), or application of the limitations period would offen d principles of due process, cf. Burford v. State , 845 S.W.2d 204, 208-209 (Tenn. 1992). See also Seals v. State , No. 03C01-9802-CC-00050, 1999 WL 2833, at *2 (Tenn. Crim. App. at Knoxville, January

6, 1999)(this court obser ved that the “anti-toll ing” provision of the 1995 Act has no operation against constitutional principles).

We agree with the post-convicti on court and the State that the petitioner has failed to demonstrate that on e of the statutory exceptions is applicable in his case. Moreover , application of the statute of limi tations in this case does not offen d due pro cess. Fina lly, a peti tion alle ging a void in dictmen t and, co nsequen tly, a void judgment of convic tion must still be filed w ithin the statute of limitations set forth in Tenn. Code Ann. § 40-30-202(a ). See Myers v. State , No. 03C01-9612-CR00457, 1997 WL 542332, at *1 (Tenn. Crim. App. at Knoxv ille, September 4, 1997)(per curiam). 2

For the foregoing reasons , we affirm the judgment of the postconviction court.

Norma McGee Ogle, Judge4 CONCUR: Gary R. Wad e, Presiding Judge

John Everett W illiams, Judge