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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs May 21, 2002 CHARLES BRYANT v. STATE OF TENNESSEE
Direct Appeal from the Circuit Court for Coffee County No. 31,323 L. Craig Johnson, Judge

No. M2001-02456-CCA-R3-PC - Filed July 26, 2002

Petitioner/Appellant, Charles Bryant, filed a petition for post-conviction relief on August 3, 2001, attacking his conviction on July 18, 1997, for violation of the Motor Vehicle Habitual Offender Act. According to the allegations in the petition, there was no appeal from the conviction to which he pled guilty and received a sentence of four years as a multiple Range II offender. The trial court summarily dismissed the petition because it was filed outside of the applicable statute of limitations. We affirm. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed. THOMAS T. WOODALL , J., delivered the opinion of the court, in which NORMA MCGEE OGLE and JOHN EVERETT WILLIAMS, JJ., joined. Charles Bryant, Nashville, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; and C. Michael Layne, District Attorney General, for the appellee, State of Tennessee. OPINION On August 3, 2001, Petitioner actually filed three separate petitions for post-conviction relief in the Circuit Court of Coffee County, Tennessee. Each petition was given the identical docket number of No. 31,323. However, it is clear that three separate petitions were filed. One attacked a conviction on June 22, 1998, for which Petitioner pled guilty to violation of the Motor Vehicle Habitual Offender Act and received a Range II sentence of three years. The second petition attacked a conviction on June 22, 1998, for driving under the influence, for which he received a sentence of eleven months twenty-nine days upon a plea of guilty. The two convictions on June 22, 1998, were the result of separate counts in Indictment No. 28,939F. The third petition dealt with a conviction in July 1997 for violation of the Motor Vehicle Habitual Offender Act.

However, the order filed by the trial court from which this appeal was taken, specifically limits its ruling to the petition for post-conviction relief regarding the July 1997 conviction for violation of the Motor Vehicle Habitual Offender Act in which Petitioner received a sentence of four years. There is no order from the trial court in the record regarding the other two petitions for postconviction relief. Therefore, inasmuch as Petitioner has purported to appeal a dismissal of those other two petitions, attacking his convictions in Coffee County Case No. 28,939F, the appeal is dismissed. Regarding the petition for post-conviction relief attacking the conviction in July 1997, in Case No. 28,299F, we agree with the trial court that the petition violated the applicable one-year statute of limitations. See Tenn. Code Ann.

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