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Posted by: Tanja Trezise on Jun 27, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Ilya I. Berenshteyn, Bristol, Tennessee, for the appellant, Larry Keith Huddle.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Barry Staubus, District Attorney General; and Julie Canter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

In June 1998, petitioner, Larry Keith Huddle, entered a “no contest” plea to one count of attempted aggravated sexual battery. Pursuant to the plea agreement, he received an eightyear sentence, with thirty-five percent release eligibility, to be served in community corrections. His sentence expired in 2004, but he remained under community supervision for life. In 2011, petitioner filed a petition for post-conviction relief, arguing that he pleaded guilty without knowing that he would be subject to community supervision for life. Following a hearing, the post-conviction court dismissed the petition, finding that the petition was not timely. On appeal, petitioner contends that Ward v. State, 315 S.W.3d 461 (Tenn. 2010), announced a new rule of constitutional law that should be applied retroactively, which would toll the statute of limitations and render his petition for post-conviction relief timely. He further argues that he received ineffective assistance of counsel and that the State now carries the burden of proving that the failure to advise him of the condition of community supervision for life was harmless beyond a reasonable doubt. Following our review of the record and the applicable law, we affirm the judgment of the post-conviction court.