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State v. Couch

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 9, 2015
No. 1 CA-CR 13-0836 PRPC (Ariz. Ct. App. Jun. 9, 2015)

Opinion

No. 1 CA-CR 13-0836 PRPC

06-09-2015

STATE OF ARIZONA, Respondent, v. DANNY RAY COUCH, Petitioner.

COUNSEL Mohave County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent Danny Ray Couch, Florence Petitioner


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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Petition for Review from the Superior Court in Mohave County
No. S8015CR200900945
The Honorable Derek C. Carlisle, Judge Pro Tem

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Mohave County Attorney's Office, Kingman
By Matthew J. Smith
Counsel for Respondent

Danny Ray Couch, Florence
Petitioner

MEMORANDUM DECISION

Judge Margaret H. Downie, Judge Kenton D. Jones, and Judge Jon W. Thompson delivered the following decision of the Court.

PER CURIAM:

¶1 Danny Ray Couch petitions for review from the superior court's dismissal of his petition for post-conviction relief. We grant review but deny relief.

¶2 Couch pleaded guilty to molestation of a child and was sentenced to the presumptive term of seventeen years' imprisonment. Couch seeks review of the summary dismissal of his fourth successive petition for post-conviction relief. We have jurisdiction pursuant to Arizona Rule of Criminal Procedure 32.9(c).

¶3 The petition for review properly presents one claim: Couch contends trial counsel was ineffective by failing to present mitigating evidence at sentencing. Specifically, Couch argues his attorney should have presented mental health records that would have shown he suffered physical and mental abuse as a child. However, Couch raised this same issue in his second and third post-conviction relief proceedings. Any claim a defendant raised in an earlier post-conviction relief proceeding is precluded. Ariz. R. Crim. P. 32.2(a). None of the exceptions under Rule 32.2(b) apply.

¶4 Although the petition for review presents additional issues, Couch did not raise these issues in the petition for post-conviction relief filed in the superior court. A petition for review may not include issues not

first presented to the trial court. See Ariz. R. Crim. P. 32.9(c)(1)(ii); State v. Bortz, 169 Ariz. 575, 577, 821 P.2d 236, 238 (App. 1991); State v. Wagstaff, 161 Ariz. 66, 71, 775 P.2d 1130, 1135 (App. 1988); State v. Ramirez, 126 Ariz. 464, 467, 616 P.2d 924, 927 (App. 1980). We therefore grant review but deny relief.


Summaries of

State v. Couch

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 9, 2015
No. 1 CA-CR 13-0836 PRPC (Ariz. Ct. App. Jun. 9, 2015)
Case details for

State v. Couch

Case Details

Full title:STATE OF ARIZONA, Respondent, v. DANNY RAY COUCH, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Jun 9, 2015

Citations

No. 1 CA-CR 13-0836 PRPC (Ariz. Ct. App. Jun. 9, 2015)