IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED MAY SESSION, 1997 January 27, 1998 Cecil W. Crowson MONROE BROWN, ) Appellate Court Clerk C.C.A. NO. 01C01-9607-CR-00305 ) Appe llant, ) ) ) DAVIDSON COUNTY VS. ) ) HON. THOMAS H. SHRIVER STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Post Co nviction-Re lief)

FOR THE APPELLANT: FOR THE APPELLEE: DAVID I. KOMISAR JOHN KNOX WALKUP Printer’s Alley Bldg. Attorney General and Reporter Ste. 400 Nashville, TN 37201-1414 LISA A. NAYLOR Assistant Attorney General James Robertson Parkway Nashville, TN 37243 VICTOR S. JOHNSON District Attorney General PAM ANDERSON Assistant District Attorney Se cond A venue, N orth Suite 500 Nashville, TN 37243

ORDER FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 JERRY L. SMITH, JUDGE ORDER A Davidson County Criminal Court jury found Appellant Monroe Brown guilty of one count of second degree murder. As a Range II persistent offender, he received a life sentence in the Tennessee Department of Corrections. In this appeal, Appellant presents the following issue for review: whether the trial court erred in dismissing Appellant's petition for post-conviction relief.

After a review of the record, we affirm the judgment of the trial court pursuant to Court of Criminal Appeals Rule 20.

On March 31, 1987, this Court affirmed Appellant's conviction. State v. Monroe Brown, No. 86-221-III, Davidson County (Tenn. Crim. App., Nashville, March 31, 1987), perm. to appeal denied, (Tenn. 1987). On July 3, 1991, Appellant filed his first petition for post-conviction relief. The trial court dismissed this petition, concluding that the petition was barred by the statute of limitations. We affirmed the trial court's decision.

Monroe Brown v. State, C.C.A. No. 01C01-9112-CR-00367, Davidson County (Tenn. Crim. App., Nashville, August 6, 1992), perm. to appeal denied, (Tenn. 1992).

Appellant filed two amended petitions for post-conviction relief on November 17, 1995.

On February 9, 1996, the trial court denied both petitions.

Tennessee law is well-settled in this area. Pursuant to Tenn. Code Ann. § 40- 30-102 (1990, Repl.), the statute of limitations for the filing of a petition for post- conviction relief began to run on June 8, 1987 and ended three years later on June 8, 1990. Appellant’s contention concerning the reasonable doubt jury instruction allegedly given in his case does not fall within any rule of law which would toll the running of the statute of limitations. Moreover, a jury instruction similar to the one about which Appellant complains was approved by this Court in Pettyjohn v. State, 885 S.W.2d 364, 365 (Tenn. Crim. App. 1994).

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____________________________________ JERRY L. SMITH, JUDGE

CONCUR:

___________________________________ PAUL G. SUMMERS, JUDGE

___________________________________ DAVID G. HAYES, JUDGE

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