Opinion
No. 1 CA-CR 13-0155 PRPC
07-22-2014
STATE OF ARIZONA, Respondent, v. TIMOTHY ALAN FREEMAN, Petitioner.
Yavapai County Attorney's Office, Prescott By Kevin D. Schiff Counsel for Respondent Timothy Alan Freeman, Buckeye Petitioner Pro Se
NOTICE: NOT FOR PUBLICATION.
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE
LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.
Petition for Review from the Superior Court in Yavapai County
No. P1300CR201101241
The Honorable Tina R. Ainley, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Yavapai County Attorney's Office, Prescott
By Kevin D. Schiff
Counsel for Respondent
Timothy Alan Freeman, Buckeye
Petitioner Pro Se
MEMORANDUM DECISION
Presiding Judge Randall M. Howe delivered the decision of the Court, in which Judge John C. Gemmill and Judge Kent E. Cattani joined.
HOWE, Presiding Judge:
¶1 Timothy Alan Freeman petitions this Court for review from the dismissal of his petition for post-conviction relief. The Court has considered the petition for review and, for the reasons stated, grants review and denies relief.
¶2 The trial court sentenced Freeman to an aggregate term of 7 years' imprisonment after Freeman pled guilty to sexual exploitation of a minor and aggravated harassment. Freeman then filed an "of-right" petition for post-conviction relief that the trial court summarily dismissed. Freeman now seeks review. We have jurisdiction pursuant to Arizona Rule of Criminal Procedure 32.9(c).
¶3 Freeman argues the trial court erred when it failed to permit the minor victim to speak at Freeman's sentencing hearing. The victim's mother refused to permit the victim to speak.
¶4 First, if a victim is a minor, the victim's parent "may exercise all of the victim's rights on behalf of the victim." A.R.S. § 13-4403(C). Therefore, the victim's mother had the right to prevent the victim from speaking at sentencing. Second, the victim wrote a six-page letter to the court prior to sentencing. In that letter, the victim denied she was a victim and argued she could make her own decisions, placed blame on herself, apologized to Freeman, professed her love for Freeman, and asked the court to impose a lenient sentence. The trial court noted it would consider the victim's letter despite the fact the victim's wishes were different from those of her mother.
¶5 We grant review and deny relief.