Goldsmith v. State, 090419 TNCRIM, M2018-01814-CCA-R3-PC

Docket Nº:M2018-01814-CCA-R3-PC
Opinion Judge:ALAN E. GLENN, JUDGE
Party Name:REGINALD LAMON GOLDSMITH v. STATE OF TENNESSEE
Attorney:Reginald Lamon Goldsmith, Whiteville, Tennessee, Pro Se. Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Assistant Attorney General; Glenn R. Funk, District Attorney General; and Chad Butler, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge Panel:Alan E. Glenn, J., delivered the opinion of the court, in which Thomas T. Woodall and Norma McGee Ogle, JJ., joined.
Case Date:September 04, 2019
Court:Court of Appeals of Tennessee, Court of Criminal Appeals of Tennessee
 
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REGINALD LAMON GOLDSMITH

v.

STATE OF TENNESSEE

No. M2018-01814-CCA-R3-PC

Court of Criminal Appeals of Tennessee, Nashville

September 4, 2019

Assigned on Briefs July 16, 2019

Appeal from the Criminal Court for Davidson County No. 2015-B-1110 Angelita Blackshear Dalton, Judge

The Petitioner, Reginald Lamon Goldsmith, appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court abused its discretion in failing to appoint post-conviction counsel and summarily dismissing the petition. Following our review, we affirm the summary dismissal of the petition as time-barred and conclude that the Petitioner has waived his due process claim.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

Reginald Lamon Goldsmith, Whiteville, Tennessee, Pro Se.

Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Assistant Attorney General; Glenn R. Funk, District Attorney General; and Chad Butler, Assistant District Attorney General, for the appellee, State of Tennessee.

Alan E. Glenn, J., delivered the opinion of the court, in which Thomas T. Woodall and Norma McGee Ogle, JJ., joined.

OPINION

ALAN E. GLENN, JUDGE

FACTS

The Petitioner was indicted on May 5, 2015, by a Davidson County Criminal Court jury for six counts of rape of a child and one count of aggravated sexual battery. On February 3, 2016, the Petitioner pled guilty to two counts of rape of a child, and the remaining counts were dismissed. The Petitioner was sentenced to two concurrent sentences of thirty-two years, and no appeal was filed.

On July 16, 2018, the Petitioner filed a pro se petition for post-conviction relief, alleging that his guilty plea was involuntary, that his sentence was illegal, and that he received ineffective assistance of counsel. On September 5, 2018, the post-conviction court entered a written order summarily dismissing the petition as untimely and noting that the Petitioner did not assert any exceptions to the one-year statute of limitations. The Petitioner filed a notice of appeal on October 1, 2018. On December 19...

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