United States District Court, D. Arizona
REPORT AND RECOMMENDATION
HONORABLE D, THOMAS FERRARO UNITED STATES MAGISTRATE JUDGE
Telly Onturio Beasley (Beasley or Petitioner), formerly
confined in the Arizona State Prison Complex, filed a pro
se Petition for Writ of Habeas Corpus pursuant to 28
U.S.C. § 2254 (Petition). (Doc. 1.) Before the Court are
the Petition, Petitioner's memorandum in support of his
Petition and Respondent's Limited Answer to Petition for
Writ of Habeas Corpus (Answer) (Docs. 2, 12.) This matter was
referred to Magistrate Judge Ferraro for Report and
Recommendation. (Doc. 8.) As more fully set forth below, the
Magistrate Judge recommends that the district court, after
its independent review, dismiss the Petition.
19, 2013, while on release and while charges related to
trafficking in stolen property were pending against him,
Petitioner was observed by police officers to be in an area
known for illegal drug activity and was subsequently pulled
over because the license plate light on his vehicle was not
working. (Docs. 12-1 at 17, 32; 12-2 at 71, 79.) During the
stop the police officers developed a belief that Petitioner
possessed drugs. (Doc. 12-1 at 32.) A subsequent search of
the vehicle revealed a baggie containing marijuana under the
driver's seat. (Doc. 12-1 at 32.)
was charged in the Arizona Superior Court, Maricopa County
with possession of marijuana, a class six felony.
Id. at 7-8. The state alleged that Petitioner had
committed the crime while on release in another criminal
matter and that he had three (3) prior felony convictions.
Id. at 14, 17.
agreed to plead guilty to one count of possession of
marijuana, a class six felony. Id. at 20-22. In
exchange for his guilty plea, the state agreed to dismiss the
allegations of Petitioner's prior convictions. (Doc. 2-12
at 7.) The trial court accepted Petitioner's guilty plea.
Id. at 15.
in August 2013, the trial court sentenced Petitioner to
concurrent terms of 1.1 years' incarceration on his four
(4) forgery convictions. (Doc. 12-2 at 70-71.) In February
2014, the trial court sentenced Petitioner to 6.5 years'
incarceration on his trafficking in stolen property
conviction. Id. at 78-79. The sentences were set to
run concurrently. Id. at 58.
an unsuccessful attempt to withdraw from his plea agreement,
the trial court sentenced Petitioner to a presumptive term of
one (1) year imprisonment, to run concurrent to his sentences
in the two other criminal matters. (Doc. 12-1 at 24-27,
29-30; Doc. 12-2 at 83-90.) Petitioner was credited with 339
days of presentence incarceration. (Doc. 12-2 at 88.) At
sentencing the trial court stated:
As a result [of being credited with 339 days for presentence
incarceration] this is a terminable sentence meaning that
because of the presentence incarceration credit[, ] Mr.
Beasley has effectively served the time for which he's
being sentenced at this point in time.
filed a notice of post-conviction relief (PCR) and subsequent
PCR petition pro se. (Doc. 12-1 at 46-48, 50-110.)
The trial court denied the PCR petition. (Doc. 2-4 at 1-4.)
Petitioner filed a petition for review pro se in the
court of appeals. (Doc. 12-2 at 24-50.) The court of appeals
granted review but denied relief. Id. at 53-56.
Petitioner did not seek review in the Arizona Supreme Court.
(Doc. 12-2 at 52.)
October 2, 2018, Petitioner filed his Petition raising four
(4) grounds for relief. (Doc. 1.) Respondents filed their
Answer arguing that the Petition is moot, that Grounds One,
Two and Three of the Petition were waived by Petitioner's
guilty plea, that Ground Two is non-cognizable and that
Ground Four is meritless. (Doc. 12.) This Court determines
that the Petition is moot and recommends dismissal on this