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Posted by: Tanja Trezise on Nov 14, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Salvatore Pisano, Jr., Savannah, Tennessee, pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Hansel McCadams, District Attorney General; and Ed N. McDaniel, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Salvatore Pisano, Jr., was convicted of four counts of aggravated sexual battery and sentenced to serve eight years in prison for each count, all counts to be served concurrently. The petitioner filed a timely post-conviction petition, which was dismissed by the post-conviction court without a hearing or the appointment of counsel. The petitioner then filed a motion to reopen his post-conviction petition; the motion was denied. The petitioner filed a notice of appeal. Because the petitioner has not complied with the statutory requirements surrounding appeal of an application to reopen a petition for post-conviction relief, we are without jurisdiction to hear the appeal, and the appeal is dismissed.