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Posted by: Tanja Trezise on Dec 5, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Jeffrey Lee, Memphis, Tennessee, for the Petitioner, Kimberly Holliday.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; James G. (Jerry) Woodall, District Attorney General; and Alfred L. Earls, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Petitioner, Kimberly Holliday, appeals from the Madison County Circuit Court’s denial of her petition for coram nobis relief. In 2000, the Petitioner entered a “best interest” guilty plea to theft of services and issuing a false financial statement and received an effective fouryear- suspended sentence. Over ten years later, in 2011, she filed a petition for writ of error coram nobis alleging that failure to report earnings to a public housing authority does not constitute “theft of services” based on State v. Marshall, 319 S.W.3d 558 (Tenn. 2010). In this appeal, the Petitioner contends that the trial court erred in dismissing the petition because (1) “a person cannot be guilty of something that is not a crime;” (2) “due process requires tolling of the statute of limitations;” (3) “this case is timely filed as a petition for postconviction relief;” and (4) “a best interest plea rather than a voluntary admission of guilt preserves the appellant’s right to bring a petition for writ of error coram nobis.” Upon review, we affirm dismissal of the petition.