State v. Lewis

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.

IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE

STATE OF ARIZONA, Respondent,

v.

JESSIE LEWIS, Petitioner.

No. 1 CA-CR 16-0008 PRPC
FILED 6-22-2017

Petition for Review from the Superior Court in Maricopa County
No. CR2004-008429-001 DT
The Honorable George H. Foster, Jr., Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix
By Diane M. Meloche
Counsel for Respondent

Jessie Lewis, San Luis
Petitioner

STATE v. LEWIS
Decision of the Court

MEMORANDUM DECISION

Judge James P. Beene delivered the decision of the Court, in which Acting
Presiding Judge Peter B. Swann and Judge Maria Elena Cruz joined.

B E E N E, Judge:

¶1 Jessie Lewis petitions for review from the summary dismissal
of his fifth proceeding for post-conviction relief. We have considered the
petition for review and, for the reasons stated, grant review but deny relief.

¶2 In 2004, a jury convicted Lewis of possession of narcotic drugs
and possession of marijuana. The superior court sentenced him as a
repetitive offender to concurrent prison terms, the longest being eight
years. This court affirmed the convictions and sentences on appeal. State
v. Lewis, 1 CA-CR 04-0617 (Ariz. App. Oct. 18, 2005) (mem. decision).

¶3 In 2006, Lewis commenced multiple proceedings for post-
conviction relief challenging the validity of his convictions, all of which
were unsuccessful.

¶4 In 2015, Lewis commenced an untimely and successive
proceeding for post-conviction relief, raising claims of lack of subject matter
jurisdiction and violation of his right to privacy under the Arizona
Constitution. The superior court summarily dismissed the petition, ruling
the superior court has subject matter jurisdiction over all felony cases and
finding the claim of violation of right of privacy to be precluded. This
petition for review followed.

¶5 On review, Lewis again argues that the superior court lacked
subject matter jurisdiction to convict him because the police officer who
stopped him never filed a traffic citation in city court or a complaint in the
superior court. We review a trial court’s denial of post-conviction relief for
abuse of discretion. State v. Bennett, 213 Ariz. 562, 566, ¶ 17, 146 P.3d 63, 67
(2006).

¶6 As the superior court correctly ruled in summarily dismissing
the petition for post-conviction relief, Lewis was indicted on the felony
drug charges by a grand jury and the superior court has subject matter
jurisdiction over all felony cases. See Ariz. Const. art. 6, § 13. To the extent

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STATE v. LEWIS
Decision of the Court

Lewis is attempting to assert a claim of lack of personal jurisdiction, that
claim, along with the claim of violation of the right of privacy, is precluded
from being raised in an untimely and successive proceeding for post-
conviction relief. Ariz. R. Crim. P. 32.2(a), 32.4. Thus, there was no abuse
of discretion by the superior court in summarily dismissing the petition for
post-conviction relief.

¶7 Accordingly, we grant review but deny relief.

AMY M. WOOD • Clerk of the Court
FILED: AA

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