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Posted by: Tanja Trezise on Sep 12, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Roger Brent Banks, Pro Se, Whiteville, Tennessee.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Victor S. Johnson, District Attorney General, and Amy Eisenbeck, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Petitioner, Roger Brent Banks, was indicted by the Davidson County Grand Jury for six counts of aggravated sexual battery and one count of solicitation of sexual exploitation of a minor. Petitioner pled guilty to three counts of aggravated sexual battery. The remaining counts were dismissed. As part of the plea agreement, Petitioner received an effective sentence of sixteen years at 100%, and was ordered to lifetime supervision after the service of the sentence. Petitioner sought post-conviction relief on the basis that his sentences were void and illegal. The petition was dismissed as untimely. Petitioner appeals. After a review of the record, we determine that the petition was properly dismissed as untimely as Petitioner failed to show any reason that the statute of limitations should be tolled. As a result, the judgment of the post-conviction court is affirmed.