Sprinkle v. State ( 1997 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
NOVEMBER 1997 SESSION December 10, 1997
Cecil Crowson, Jr.
Appellate C ourt Clerk
CHARLES SPRINKLE,
) C.C.A. No. 03C01-9612-CR-00474
Appellant, )
) Hawkins County
V. )
) Honorable James E. Beckner, Judge
)
STATE OF TENNESSEE, )
) (Post-Conviction)
Appellee. )
FOR THE APPELLANT: FOR THE APPELLEE:
Charles Sprinkle, Pro Se John Knox Walkup
N.E.C.C. Attorney General & Reporter
P.O. Box 5000
Mountain City, TN 37683-5000 Marvin E. Clements, Jr.
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Berkeley Bell, Jr.
District Attorney General
Doug Godbee
Assistant District Attorney General
Main Street, Hawkins County Courthouse
Rogersville, TN 37857
OPINION FILED: ___________________
AFFIRMED
PAUL G. SUMMERS,
Judge
OPINION
In 1985 the appellant, Charles Sprinkle, was convicted of aggravated rape
and incest. He received an effective sentence of fifty-three years incarceration in
the Tennessee Department of Correction. In 1996 he filed a petition for post-
conviction relief alleging that the indictment against him was insufficient for failing
to allege a mens rea. The trial court dismissed the petition as time barred. He
appeals this dismissal. Upon review, we affirm.
The appellant's convictions became final over eleven years ago. At that
time the law allowed three years to file a petition for post-conviction relief. Tenn.
Code Ann. § 40-30-102 (repealed 1995). The appellant's time period for filing
his petition has expired. Therefore, his petition is time barred.
Accordingly, we find no error of law mandating reversal. The trial court's
dismissal of the petition is affirmed in accordance with Tenn. R. Ct. Crim. App.,
Rule 20.
__________________________
PAUL G. SUMMERS, Judge
CONCUR:
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______________________________
JOSEPH B. JONES, Presiding Judge
______________________________
J. CURWOOD WITT, JR., Judge
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