United States District Court, D. Arizona
Z. BOYLE, UNITED STATES MAGISTRATE JUDGE
HONORABLE ROSLYN O. SILVER, SENIOR UNITED STATES DISTRICT
Darrell Tyrone Wroten, II, has filed a Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.)
Summary of Conclusion.
26, 2010, Petitioner was placed on probation in Pinal County.
On September 5, 2013, Petitioner's probation was revoked
and he was sentenced to five years of imprisonment.
Petitioner did not file for post-conviction review, so his
conviction was final on December 4, 2013, and any petition
for habeas corpus was due a year later. But Petitioner did
not file his Petition until August 8, 2018. The Petition is
untimely. There are no grounds for equitable tolling.
Therefore, the Court will recommend that the Petition be
denied and dismissed with prejudice.
26, 2010, in Pinal County, Petitioner was sentenced to three
years of imprisonment for Use of Wire Communication in Drug
Related Transaction, to be followed by a term of probation
for Sale of Dangerous Drugs. (Doc. 1 at 2; Doc. 9-1, Ex. C,
at 12-13; Doc. 9-1 at 50.)
3, 2013, after a guilty plea in Maricopa County Superior
Court, Petitioner was sentenced to 30 months of imprisonment
for Forgery. (Doc. 9-1, Ex. A, at 4.)
August 5, 2013, after a guilty plea in Yavapai County
Superior Court, Petitioner was sentenced to 60 months of
imprisonment for Transportation of a Dangerous Drug for Sale.
(Doc. 9-1, Ex. B, at 8.)
September 5, 2013, Petitioner's probation in his Pinal
County case was revoked and he was sentenced to 60 months of
imprisonment, to run consecutively to his Yavapai County
sentence. (Doc. 9-1, Ex. C, at 12-14.) Petitioner was given
zero days of presentence credit toward this term of
imprisonment. (Id. at 14.)
Pinal County Motion.
August 22, 2017, Petitioner filed a motion in the Pinal
County Superior Court asking for 249 days of presentence
credit. (Doc. 9-1, Ex. D, at 18.) The ...