IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON JUNE 1997 SESSION FILED June 19, 1997 Cecil Crowson, Jr. Appellate C ourt Clerk JOHNNY SMITH, JR. , ) ) C.C.A. No. 02C01-9608-CR-00287 Appellant, ) ) Shelby County V. ) ) Honorable Chris Craft, Judge ) STATE OF TENNESSEE, ) (Post-Conviction) ) Appellee. )

FOR THE APPELLANT: FOR THE APPELLEE: Johnny Smith, Jr., Pro Se Charles W. Burson Reg. No. 12232-076 Attorney General & Reporter F.C.I. Memphis P.O. Box 34550 (Beale-B) Janis L. Turner Memphis, TN 38184-0550 Counsel for the State James Robertson Parkway Nashville, TN 37243-0493 William L. Gibbons District Attorney General Daniel R. Moody Assistant District Attorney General Criminal Justice Complex, Suite 301 Poplar Avenue Memphis, TN 38103

OPINION FILED: ___________________

AFFIRMED

PAUL G. SUMMERS, Judge OPINION

In 1987 the appellant, Johnny Smith, Jr., pled guilty to the unlawful possession of marijuana with intent to sell and convicted felon carrying a firearm.

In 1996 he filed a petition for post-conviction relief, approximately nine years after his convictions became final. The trial court dismissed the petition on the ground that it was barred by the statute of limitations.

When appellant’s convictions became final, the law allowed three years to file a petition for post-conviction relief. Tenn. Code Ann. § 40-30-102 (1990).

The appellant's time period for filing his petition expired in 1990. 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:

____________________________ DAVID H. WELLES, Judge

____________________________ JOE G. RILEY, Judge

-2-