Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs August 8, 2017
from the Circuit Court for Montgomery County No. 40300049
Jill Bartee Ayers, Judge.
petitioner, Steven Padgett King, appeals the dismissal of his
post-conviction petition, arguing the post-conviction court
erred in dismissing the petition as time-barred. Following
our review, we agree with the petitioner and reverse the
order of the post-conviction court dismissing the petition as
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Reversed; Case Remanded
Padgett King, Tiptonville, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter;
Jeffrey D. Zentner, Assistant Attorney General; John W.
Carney, District Attorney General; and Arthur Bieber,
Assistant District Attorney General, for the appellee, State
Ross Dyer, J., delivered the opinion of the court, in which
Robert W. Wedemeyer and D. Kelly Thomas, Jr., JJ., joined.
ROSS DYER, JUDGE.
crimes committed on November 17, 2002, the petitioner pled
guilty to the Class A felonies of especially aggravated
kidnapping and aggravated rape. Tenn. Code Ann. §§
39-13-305(a); -502. The petitioner received twenty-year
sentences for each conviction to be served consecutively at
100% release eligibility. The original judgments were entered
on January 15, 2004. At the time of entry, however, the
judgment forms did not reflect the statutorily imposed
community supervision for life provision that attaches to
convictions for aggravated rape. Tenn. Code Ann. §§
39-13-502; -524. Consequently, on August 25, 2016, the trial
court entered an order amending the petitioner's judgment
forms to reflect the imposition of community supervision for
life after the expiration of his sentences. After the
judgment forms were amended, the petitioner filed a petition
for post-conviction relief on November 15, 2016. In his
petition, the petitioner alleged "his [p]lea [a]greement
was not knowingly nor intelligently entered because the
original judgment has now been amended to include [c]ommunity
[s]upervision for life, a punitive element that he did not
agree to when he originally accepted his plea in 2004."
The post-conviction court dismissed the petition as
time-barred on December 20, 2016, and this timely appeal
appeal, the petitioner and the State assert the trial court
erred in dismissing the petitioner's post-conviction
petition as untimely. The petitioner argues that, because the
one-year statute of limitations began to run at the time of
entry of the amended judgment for his aggravated rape
conviction, his post-conviction petition was timely. For
reasons explained below, we agree.
post-conviction petitioner has one year from "the date
of the final action of the highest state appellate court to
which an appeal is taken" 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 and an untimely petition must be
dismissed. Id. Upon the entry of an amended
judgment, however, the one-year statute of limitations period
for post-conviction relief is reset. See Michael Garrett
v. State, No. M2008-00046-CCA-R3-HC, 2009 WL 2567730, at
*4 (Tenn. Crim. App. Aug. 19, 2009) (citing Manny T.
Anderson v. State, No. M2002-00641-CCA-R3-PC, 2003 WL
2002092, at *4 (Tenn. Crim. App. April 30, 2003) (holding the
one-year post-conviction limitations period runs upon the
entry on an amended judgment)).
to statute, "a person shall receive a sentence of
community supervision for life who . . . commits a violation
of § 39-13-502." Tenn. Code Ann. § 39-13-524.
Here, the petitioner pled guilty to aggravated rape pursuant
to Tennessee Code Annotated section 39-13-502. Thus, the
community supervision for life sentence attached to his
conviction for aggravated rape. Tenn. Code Ann. §§
39-13-502; -524. The trial court amended the petitioner's
judgments to reflect the community supervision for life
sentence on August 25, 2016, thus triggering the one-year
statute of limitations for his post-conviction claims.
Garrett, No. M2008-00046-CCA-R3-HC, 2009 WL 2567730,
at *4; Anderson, No. M2002-00641-CCA-R3-PC, 2003 WL
2002092, at *4. Accordingly, the petitioner had until August
25, 2017, to file a petition for ...