United States District Court, D. Arizona
REPORT AND RECOMMENDATION
Honorable John Z. Boyle United States Magistrate Judge
HONORABLE DAVID G. CAMPBELL, UNITED STATES DISTRICT JUDGE:
Ernesto Uriarte-Velazquez has filed a pro se Petition for
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.
Summary of Conclusion.
trial convictions became final on February 18, 2016. This
habeas Petition was due by February 19, 2017 but was not
filed until November 16, 2017. Petitioner's untimely
post-conviction review proceedings did not toll the date his
habeas Petition was due. Because there are no grounds to
warrant equitable tolling, the Court concludes the Petition
is untimely. Therefore, the Court will recommend the Petition
be denied and dismissed with prejudice.
was indicted by the State of Arizona on December 12, 2012.
(Doc. 13-1, Ex. A, at 3.) The Arizona Court of Appeals found
the following facts and procedural history as
Defendant's convictions stem from a home-invasion robbery
in which a group of masked men armed with handguns broke into
a home occupied by the victims: Husband, Wife, Baby, and
Cousin. After binding Husband and Cousin with tape and
confining Wife and Baby to a bedroom at gunpoint, the robbers
took Wife's cell phone and approximately $2, 700 in cash.
The intruders fled when police responded to a 911 call from
Wife, but were apprehended in the neighborhood around the
victims' home. Defendant, the get-away driver for the
robbers, was taken into custody following a brief car chase.
Defendant was indicted on one count of burglary in the first
degree, a class 2 felony and dangerous offense; three counts
of kidnapping, class 2 felonies and dangerous offenses; one
count of kidnapping, a class 2 felony and dangerous crime
against children; three counts of armed robbery, class 2
felonies and dangerous offenses; and three counts of
aggravated assault, class 3 felonies and dangerous offenses.
At trial, the court granted judgment of acquittal on the
charge of kidnapping Baby, and the state dismissed one of the
armed robbery counts. The jury acquitted Defendant of one of
the two remaining armed robbery counts but found him guilty
of the eight remaining counts as charged. The trial court
imposed concurrent and consecutive presumptive prison terms
totaling eighteen years.
(Doc. 13-1, Ex. P, at 1186.)
April 18, 2015, Petitioner filed a timely notice of appeal
from the convictions and sentences. (Doc. 13-1, Ex. N, at
1134.) On January 14, 2016, the Arizona Court of Appeals
affirmed Petitioner's convictions and sentences. (Doc.
13-1, Ex. P, at 1191.) On March 16, 2016, the mandate issued.
(Id. at 1184.)