2012-M-218           Kenneth Octavius Wallace, Appellant, vs. State of Minnesota, Respondent.

Following a jury trial, appellant Kenneth Octavius Wallace was convicted of first-degree felony murder, attempted second-degree criminal sexual conduct, and second-degree assault.  We affirmed Wallace’s convictions on direct appeal in 1997. 

More than fourteen years later, on April 20, 2011, Wallace filed his second petition for post-conviction relief, which the post-conviction court summarily denied.  Because we conclude that Wallace’s post-conviction claims are time barred under Minn. Stat. § 590.01, subd. 4 (2010), we affirm.

The post-conviction court did not abuse its discretion when it summarily denied appellant’s petition for post-conviction relief because appellant’s petition is time barred under Minn. Stat. § 590.01, subd. 4 (2010).    Affirmed.

Stras (Gildea, Page, Paul Anderson, Meyer, Barry Anderson, and Dietzen)

[MURDER]