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Posted by: Tanja Trezise on Oct 31, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Kevin Womack, Tiptonville, Tennessee, Pro Se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; James G. Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

On July 26, 2012, this court affirmed judgments regarding the petitioner, Kevin Womack, for possession of cocaine with intent to sell, possession of cocaine with intent to deliver, possession of a firearm with intent to employ in the commission of a dangerous felony, possession of drug paraphernalia, theft of property over $500, and tampering with evidence, reducing the theft conviction from a Class E felony to a Class A misdemeanor. State v. Kevin Womack, No. W2011-01827-CCA-R3-CD, 2012 WL 3055773, at *1 (Tenn. Crim. App. July 26, 2012). No application for permission to appeal was filed. On August 8, 2013, he filed a pro se petition for post-conviction relief, asserting that he did not file a Rule 11 application because his trial counsel had filed a motion to withdraw, “informing the petitioner his application [for permission to appeal] must [be] filed by September 24, 2012.” He argued that his post-conviction petition was timely because it was filed within one year of this date. The State responded that the petition was untimely, and the post-conviction court agreed, dismissing the petition for this reason. On October 15, 2013, the petitioner filed his notice of appeal regarding that dismissal. Following our review, we affirm the judgment of the post-conviction court’s dismissal of the petition.