Assigned on Briefs July 25, 2017 at Knoxville
from the Criminal Court for Shelby County No. 10-01325 Chris
petitioner, Carl Bond, was convicted by a Shelby County jury
of one count of aggravated robbery. Over a year after this
Court affirmed his conviction, the petitioner filed a
petition for post-conviction relief. The trial court
subsequently denied the petition on its merits. Following our
review of the record and pertinent authorities, we conclude
the petition was untimely, and this Court is without
jurisdiction to consider this appeal. Accordingly, we dismiss
R. App. P. 3 Appeal as of Right; Appeal Dismissed
Timmerman, Memphis, Tennessee, for the appellant, Carl Bond.
Herbert H. Slatery III, Attorney General and Reporter; Ruth
Anne Thompson, Senior Counsel; Amy P. Weirich, District
Attorney General; and Carla Taylor, Assistant District
Attorney General, for the appellee, State of Tennessee.
Ross Dyer, J., delivered the opinion of the court, in which
Alan E. Glenn and Robert H. Montgomery, Jr., JJ., joined.
ROSS DYER, JUDGE
Shelby County jury convicted the petitioner of aggravated
robbery, for which he received a sentence of seventeen years
in confinement at 100%. State v. Carl Bond, No.
W2011-02518-CCA-R3-CD, 2013 WL 772780, *1 (Tenn. Crim. App.
Feb. 27, 2013) perm. app. denied (Tenn. Aug. 14,
2013). On February 27, 2013, his conviction was affirmed by
this Court on direct appeal, and the Tennessee Supreme Court
denied his application for permission to appeal on August 14,
2013. Id. The petitioner filed his pro se
petition for post-conviction relief on July 22, 2015, well
over a year after the final decision by the highest appellate
court from which the petitioner sought relief, arguing in
part, counsel was ineffective on numerous grounds and
prosecutorial misconduct. The trial court appointed counsel,
who filed an amended petition for post-conviction relief, and
held an evidentiary hearing on the petition. The State did
not raise the timeliness of the petition, and the trial court
treated the petition as timely. The trial court ultimately
denied the petition, and this appeal followed.
appeal, the petitioner alleges trial counsel provided
ineffective assistance because he failed to make an offer of
proof concerning the petitioner's potential testimony
during a hearing determining the admissibility of the
petitioner's prior criminal convictions. The State argues
the petitioner received effective assistance of counsel.
Following our consideration of the record, pertinent law and
authorities, and arguments of the parties, we conclude the
petition for post-conviction relief was untimely, so the
trial court did not have jurisdiction to consider the
petition and neither do we. Accordingly, we dismiss the
petitioner's appeal and remand the matter to the trial
court for proceedings consistent with this opinion.
post-conviction petitioner has one year from "the date
of the final action of the highest state appellate
court" in which to file a petition for relief. Tenn.
Code Ann. § 40-30-102(a). "Time is of the essence
of the right to file a petition for post-conviction
relief." Id. Untimely filing of a
post-conviction petition extinguishes a petitioner's
post-conviction claims. Id. Tennessee Code Annotated
section 40-30-102 subpart (b) states that "[n]o court
shall have jurisdiction to consider a petition filed after
the expiration of the limitations period" and then sets
out the following three exceptions to this rule:
(1) The claim in the petition is based upon a final ruling of
an appellate court establishing a constitutional right that
was not recognized as existing at the time of trial, if
retrospective application of that right is required. The
petition must be filed within one (1) year of the ruling of
the highest state appellate court or the United States
supreme court ...