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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE

FILED
Cecil Crowson, Jr. Appellate Court Clerk

AUGUST SESSION, 1999 September 9, 1999

RANDALL ALLEN CANTRELL, ) ) Appellant, ) ) vs. ) ) STATE OF TENNESSEE, ) ) Appellee. )

No. 01C01-9902-CR-00050 SUMNER COUNTY Hon. Jane W. Wheatcraft, Judge (Post-Conviction)

For the Appellant: Randall Allen Cantrell, Pro Se Reg. #14900-075 F.C.I. Manchester P. O. Box 4000 Manchester, KY 40962

For the Appellee: Paul G. Summers Attorney General and Reporter Elizabeth B. Marney Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493

OPINION FILED: AFFIRMED

David G. Hayes, Judge

OPINION

The appellant, Randall Allen Cantrell, appeals the order of the Sumner County Criminal Court dismissing his pro se petition for post-conviction relief. In this appeal, the appellant raises multiple issues which collectively challenge the trial court's summary dismissal of the petition as being time-barred.1

As alleged in the appellant's petition for post-conviction relief, during the spring term of 1989, a Sumner County Grand Jury returned an indictment against the appellant, charging him with nine counts of concealing stolen property and possession of marijuana. On November 30, 1989, the case proceeded to trial where a jury found the appellant guilty of two counts of concealing stolen property and one count of possession of marijuana. The appellant was found not guilty of the remaining six counts. The trial court, on March 2, 1990, sentenced the appellant to an effective sentence of six years. No direct appeal was taken.2

Subsequently, on April 22, 1996, the appellant pled guilty in the federal district court for the Middle District of Tennessee to seven drug-related offenses. Pursuant to federal sentencing guidelines, the appellant's Tennessee state convictions were used to enhance the sentences resulting from his subsequent federal convictions.3 The appellant is presently incarcerated at the Federal Correctional Institution in Manchester, Kentucky.

Specifically, the appellant contends that the trial court erred by (1) not appointing counsel prior to dismissing the petition; (2) not directing the State to provide the record in this case; and (3) dismissing the petition without ruling on the merits.
2

1

On F ebru ary 4, 1 991 , the a ppe llant w as pa roled . He w as dis cha rged from paro le on J uly

9, 1995. In accordance with Federal Sentencing Guidelines, the appellant received five criminal history points for his Tennessee convictions as well as for the fact that the federal offenses we re com mitted w hile on paro le for the T ennes see co nvictions. See gene rally 28 U.S.C.A.

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