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United States District Court for the District of Arizona
July 1, 2022, Decided; July 1, 2022, Filed
No. CV-21-08183-PCT-DJH (JZB)
REPORT & RECOMMENDATION
TO THE HONORABLE DIANE J. HUMETEWA, UNITED STATES DISTRICT JUDGE:
Petitioner Bryan Lee Ramirez has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 ("Petition"). (Doc. 1.)
I. Summary of Conclusion.
Petitioner was convicted after pleading guilty to multiple counts of shoplifting and assault, including aggravated assault. Petitioner raises five grounds for relief. However, his Petition is untimely by over two and a half years and Petitioner is not entitled to equitable tolling. Accordingly, the Court recommends that the Petition be denied and dismissed with prejudice.
A. Conviction & Sentencing.
On April 22, 2016, Petitioner pleaded guilty to shoplifting and assault in Yavapai County Superior Court case no. CR-2015-01348 and shoplifting and three [*2] counts of aggravated assault on a peace officer in Yavapai County Superior Court case no. CR-2015-01159. (Doc. 12-1, Ex. C, at 9-15; see Doc. 12-1, Ex. A, at 3-4 (indictment in CR-2015-01348); Doc. 12-1, Ex. B, at 6-7 (indictment in CR-2015-01159).) Petitioner admitted he had a prior felony conviction (aggravated DUI) and two prior misdemeanor shoplifting convictions. (Doc. 12-1, Ex. C, at 10.) The court found Petitioner competent to enter into the plea agreement and that he did so knowingly, voluntarily, and intelligently. (Doc. 12-1, Ex. D, at 17.) On May 26, 2016, Petitioner was sentenced. (Doc. 12-1, Ex. E, at 19-23.) In CR-2015-01159, he was sentenced to 6 years in prison for the shoplifting conviction and 3 years in prison for each aggravated assault conviction, all of which were concurrent. (Id. at 20-21.) In CR-2015-01348, he was sentenced to 6 years in prison for the shoplifting conviction and 30 days in jail for the assault conviction (completed through time-served), which were consecutive to the sentences imposed in CR-2015-01159. (Id. at 21.) Petitioner received and signed a notice informing him of his right to seek post-conviction relief ("PCR") and the procedures for [*3] doing so, including that he had to file a notice of PCR within 90 days of sentencing. (Doc. 12-1, Ex. F, at 25-26.)
B. Post-Conviction Review.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. Dist. LEXIS 118644 *; 2022 WL 14655040
Bryan Lee Ramirez, Petitioner, v. David Shinn, et al., Respondents.
Subsequent History: Adopted by, Writ of habeas corpus denied, Certificate of appealability denied, Writ of habeas corpus dismissed, Judgment entered by Ramirez v. Shinn, 2022 U.S. Dist. LEXIS 194275 (D. Ariz., Oct. 24, 2022)
recommendation, sentenced, notice, untimely, post-conviction, shoplifting, assault, equitable tolling, habeas petition, certificate, alleges