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State v. Walker

Court of Appeals of Arizona, First Division, Department E

October 24, 2013

STATE OF ARIZONA, Respondent,
v.
JAMES LEON WALKER, Petitioner.

Not for Publication – Rule 111, Rules of the Arizona Supreme Court

Petition for Review from the Superior Court of Maricopa County Cause No. CR2000-012987 The Honorable Eddward C. Ballinger, Judge

James Leon Walker Florence Pro Se

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner, James Leon Walker, pled guilty to attempted molestation of a child and attempted sexual conduct with a minor in 2001. The trial court sentenced him to fifteen years' imprisonment for attempted molestation and placed him on lifetime probation for attempted sexual conduct. Walker now seeks review of the summary dismissal of the latest of his many successive petitions for post-conviction relief. We review the summary dismissal of a petition for post-conviction relief for an abuse of discretion. State v. Watton, 164 Ariz. 323, 325, 793 P.2d 80, 82 (1990) . We have jurisdiction pursuant to Arizona Rule of Criminal Procedure 32.9(c).

¶2 We deny relief. Walker raised and/or could have raised all of the issues in his latest petition for post-conviction relief in his earlier post-conviction relief proceedings. Any claim a defendant raised or could have raised in an earlier post-conviction relief proceeding is precluded. Ariz. R. Crim. P. 32.2(a) . This includes the legality of a sentence. State v. Shrum, 220 Ariz. 115, 117-20, ¶¶ 3-23, 203 P.3d 1175, 1177-80 (2009) (sentencing issue regarding the legality of a sentence precluded as untimely even though there was no lawful authority for the sentence imposed). Contrary to Walker's assertions, none of the exceptions under Rule 32.2(b) apply.

¶3 For the above stated reasons, we grant review and deny relief.

LAWRENCE F. WINTHROP, Presiding Judge, MARGARET H. DOWNIE, Judge, JON W. THOMPSON, Judge


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