Opinion
No. 1 CA-CR 15-0631 PRPC
04-25-2017
COUNSEL Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Jessie Lewis, Eloy 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Maricopa County
No. CR2011-144918-001
The Honorable Connie Contes, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Maricopa County Attorney's Office, Phoenix
By Diane Meloche
Counsel for Respondent
Jessie Lewis, Eloy
Petitioner
MEMORANDUM DECISION
Judge Peter B. Swann delivered the decision of the court, in which Presiding Judge Randall M. Howe and Chief Judge Michael J. Brown joined.
SWANN, Judge:
¶1 In 2012, Jessie Lewis pled guilty to possession or use of narcotic drugs, and the superior court sentenced him to a 2.75-year prison term. Lewis sought post-conviction relief later that year, but the proceedings were ultimately dismissed at his request. In 2015, he filed a successive notice and petition for post-conviction relief. The superior court dismissed the notice and petition. He now seeks review from this court. We grant review but deny relief.
¶2 Lewis raises only one issue on review: whether the superior court had jurisdiction to enter judgment and impose sentence. Lewis contends that the Phoenix Municipal Court had sole jurisdiction. Lewis points to a September 7, 2011, traffic ticket that directed him to appear at the municipal court on charges of loitering and sitting, laying, or sleeping in a right-of-way. But the felony charge was unrelated to that incident. The felony charge arose from Lewis's contact with a different officer on a different day. The superior court had original jurisdiction over the felony case under Article VI, Section 14(4), of the Arizona Constitution and A.R.S. § 12-123(A).
¶3 For the foregoing reasons, we grant review but deny relief.