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Posted by: Tanja Trezise on Dec 11, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Richard C. Eason, Nashville, Tennessee, for the appellant, Jose Juan Frierson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Rob McGuire, Assistant District Attorney General, for the appellee, State of Tennessee.


The Petitioner, Jose Juan Frierson, entered a “best interest” plea, on January 7, 1999, to criminal attempt to commit aggravated rape and was ordered to serve an eight-year splitconfinement sentence. The Petitioner filed a petition for post-conviction relief on December 30, 2009, alleging that he was entitled to the tolling of the one-year statute of limitations period for post-conviction petitions due to his mental incompetence. The Petitioner further alleged that his guilty plea was not knowing and voluntary because the trial court failed to ensure that he was aware that the sentence included a requirement of lifetime supervision. After hearings on the petition, the post-conviction court entered an order denying postconviction relief. The Petitioner filed, at the same time, both an appeal to this Court and a motion for new trial. Thereafter, the post-conviction court issued a subsequent order granting post-conviction relief. Upon our review of the record, we conclude that the subsequent order granting post-conviction relief is void because the trial court lacked jurisdiction to enter the second order. As to the first order denying post-conviction relief, we affirm the judgement of the post-conviction court.