State v. Collins ( 2017 )


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  •                      NOTICE: NOT FOR OFFICIAL PUBLICATION.
    UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
    AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
    IN THE
    ARIZONA COURT OF APPEALS
    DIVISION ONE
    STATE OF ARIZONA, Respondent,
    v.
    DWAYNE COLLINS, Petitioner.
    No. 1 CA-CR 16-0627 PRPC
    FILED 8-31-2017
    Petition for Review from the Superior Court in Maricopa County
    No. CR2011-154049-001
    The Honorable Mark H. Brain, Judge
    REVIEW GRANTED; RELIEF DENIED
    COUNSEL
    Maricopa County Attorney's Office, Phoenix
    By Diane Meloche
    Counsel for Respondent
    Dwayne Collins, Florence
    Petitioner
    MEMORANDUM DECISION
    Presiding Judge Diane M. Johnsen delivered the decision of the court, in
    which Judge Michael J. Brown and Judge Jennifer B. Campbell joined.
    STATE v. COLLINS
    Decision of the Court
    J O H N S E N, Judge:
    ¶1            Dwayne Collins petitions this court for review from the
    dismissal of his petition for post-conviction relief, filed pursuant to Arizona
    Rule of Criminal Procedure Rule 32. We have considered the petition for
    review and, for the reasons stated, grant review and deny relief.
    ¶2            Collins was sentenced in 2013 to 10 years in prison after he
    pled guilty to two counts of attempted sexual conduct with a minor and
    one count of attempted molestation of a child, each a Class 3 felony and
    dangerous crime against children in the second degree. Pursuant to the
    plea agreement, the superior court also imposed two concurrent terms of
    lifetime probation, to commence upon his release from prison.
    ¶3            In June 2016, Collins filed a petition for "Delayed/Untimely
    Post-Conviction Relief," in which he claimed that his lifetime terms of
    probation were illegal and should be reduced to five years. The superior
    court found the petition was untimely but ruled that even if Collins had
    preserved his claim, it would be rejected on the merits. The superior court
    pointed out that the statute on which Collins relied, Arizona Revised
    Statutes § 13-902(E) (2017), has been amended to allow the imposition of
    lifetime probation for the crimes on which the court imposed probation in
    his case.
    ¶4            We will not reverse the superior court's summary dismissal
    of post-conviction relief proceedings absent an abuse of discretion. State v.
    Watton, 
    164 Ariz. 323
    , 325 (1990). "A court abuses its discretion if a decision
    is manifestly unreasonable or is based on untenable grounds," Schwartz v.
    Superior Court, 
    186 Ariz. 617
    , 619 (App. 1996), or if the reasons it gives are
    legally incorrect, State v. Herrera, 
    232 Ariz. 536
    , 545, ¶ 19 (App. 2013).
    ¶5           Collins' petition was untimely, and he offers nothing to
    excuse his failure to file within the statutory timelines. Moreover, the
    superior court was correct in concluding that the two lifetime terms of
    probation imposed on Collins were not illegal under A.R.S. § 13-902.
    2
    STATE v. COLLINS
    Decision of the Court
    Therefore, the superior court did not abuse its discretion when it dismissed
    Collins' petition.
    ¶6           For the foregoing reasons, we grant review and deny relief.
    AMY M. WOOD • Clerk of the Court
    FILED: AA
    3
    

Document Info

Docket Number: 1 CA-CR 16-0627-PRPC

Filed Date: 8/31/2017

Precedential Status: Non-Precedential

Modified Date: 8/31/2017