Opinion
No. 1 CA-CR 16-0490 PRPC
12-28-2017
STATE OF ARIZONA, Respondent, v. ANTONNEO R. BOYCE, Petitioner.
COUNSEL Yavapai County Attorney's Office, Prescott By Robert J. Johnson Counsel for Respondent Antonneo R. Boyce, Yarnell 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Yavapai County
No. P1300CR201301294
The Honorable Tina R. Ainley, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Yavapai County Attorney's Office, Prescott
By Robert J. Johnson
Counsel for Respondent
Antonneo R. Boyce, Yarnell
Petitioner
MEMORANDUM DECISION
Presiding Judge Kent E. Cattani delivered the decision of the Court, in which Judge Jon W. Thompson and Judge Paul J. McMurdie joined.
CATTANI, Judge:
¶1 Antonneo R. Boyce petitions for review of the superior court's dismissal of his third petition for post-conviction relief. For reasons that follow, we grant review but deny relief.
¶2 Boyce pleaded guilty to one count of misconduct involving weapons and two counts of driving under the influence ("DUI") in violation of Arizona Revised Statutes ("A.R.S.") § 28-1381(A)(1). The superior court sentenced him to 2.5 years' imprisonment for misconduct involving weapons and concurrent 10-day jail terms for the DUI offenses.
¶3 In his third petition for post-conviction relief, Boyce claimed that he was being held beyond the term of the sentence to which he agreed as part of his plea. See Ariz. R. Crim. P. 32.1(d). The superior court found that the petition was precluded by Rule 32.2(a) and summarily dismissed the petition. This petition for review followed.
¶4 We deny relief. Boyce asserts that he is being made to serve a 34-month sentence although his plea agreement specified 30 months. But the plea agreement stated that he would serve an additional term of community supervision equal to one-seventh of his 30-month prison term and that if he did not abide by the rules of community supervision he would be required to serve the remaining time in prison. See also A.R.S. § 41-1604.07(H) ("If the prisoner refuses to sign and agree to abide by the conditions of release, the prisoner shall not be released on the sentence expiration date and shall serve the term of community supervision in prison."). Accordingly, the plea agreement did not mandate release after 30 months. And to the extent Boyce claims that his plea was not knowingly, intelligently, and voluntarily made, the claim is untimely and precluded under Rule 32.2(a)(3) because he did not raise it in his previous Rule 32 proceedings.
¶5 Accordingly, we grant review but deny relief.