Juan Cerano v. State of Tennessee

The Petitioner, Juan Cerano, appeals the trial court’s summary dismissal of his petition for a writ of certiorari or supersedeas. Specifically, he contends that he is entitled to relief because he was twice punished for a single act in violation of double jeopardy and that merger of his convictions for aggravated sexual battery and rape of a child was improper. The Petitioner’s notice of appeal was filed almost two and one-half months late; an issue pointed out by the State on appeal. Following our review, we conclude that the interest of justice does not require waiver of the timely filing requirement because the Petitioner has given no explanation for the untimely filing, and the nature of his double jeopardy issue does not warrant such. Accordingly, we dismiss the appeal.