Opinion
No. 1 CA-CR 15-0471 PRPC
06-08-2017
STATE OF ARIZONA, Respondent, v. CHARLES THOMPSON, Petitioner.
COUNSEL Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent Charles Thompson, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Maricopa County
No. CR2012-106486-001
The Honorable Jeffrey A. Rueter, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Maricopa County Attorney's Office, Phoenix
By Amanda M. Parker
Counsel for Respondent
Charles Thompson, Florence
Petitioner
MEMORANDUM DECISION
Presiding Judge Peter B. Swann delivered the decision of the court, in which Judge Kent E. Cattani and Judge Donn Kessler joined.
SWANN, Judge:
¶1 Charles Thompson petitions for review from the dismissal of his petition for post-conviction relief. Thompson pled guilty to one count of molestation of a child, a class 2 felony and a dangerous crime against children in the first degree; and two counts of attempted molestation of a child, class 3 felonies and dangerous crimes against children in the second degree. The superior court sentenced Thompson in accordance with the terms of the plea agreement to a mitigated fifteen-year prison term on the conviction for molestation of a child and placed him on lifetime probation on the two convictions for attempted molestation, to commence upon his release from prison. For reasons that follow, we grant review but deny relief.
¶2 Thompson argues the superior court erred in denying relief on his claim of illegal sentence. He contends his fifteen-year prison term is an illegal sentence because the superior court imposed a "flat-time" sentence by waiving the requirement of community supervision, thereby depriving him of the right to be released from prison upon completion of 85% of his sentence.
¶3 The superior court correctly denied the claim of illegal sentence. Thompson's fifteen-year flat-time sentence was dictated by his conviction for an offense designated a dangerous crime against children that was subject to sentencing under A.R.S. § 13-705. This statute provides that a person sentenced to prison for a dangerous crime against children is not eligible for release on any basis until the entire sentence imposed has been served. A.R.S. § 13-705(H). Under these circumstances, the term of community supervision mandated by A.R.S. § 13-603(I) would have to be served consecutive to completion of the full sentence imposed. State v. Jemkins, 193 Ariz. 115, 119-20, ¶¶ 11-13 (App. 1998). However, because Thompson was also placed on lifetime probation for his other two offenses, the superior court waived the requirement that he serve the term of community supervision upon completion of his fifteen-year sentence to permit him to immediately begin serving his term of probation. A.R.S. § 13-603(K). In short, because Thompson pled guilty to a dangerous crime against children, he never had any possibility of being released from prison before serving his full fifteen-year sentence, and the superior court's decision to waive the term of community supervision pursuant to A.R.S. § 13-603(K) had no effect on the length of his prison term.
¶4 Accordingly, we grant review but deny relief.