State v. Williams
Annotate this Case
Download PDF
NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE STATE OF ARIZONA, ) ) Respondent, ) ) v. ) ) DANNY RAY WILLIAMS, ) ) Petitioner. ) ) __________________________________) DIVISION ONE FILED: 04-20-2010 PHILIP G. URRY,CLERK BY: GH No. 1 CA-CR 09-0970 PRPC DEPARTMENT C Maricopa County Superior Court No. CR 1995-012036 D E C I S I O N O R D E R Danny Ray Williams petitions this court to review the trial court s denial of post-conviction relief. Presiding Judge Patrick Irvine, and Judges Michael J. Brown and Donn Kessler, have considered this petition for review and for the reasons stated, grant review and grant relief. In murder. no 1996, Williams plead guilty to second degree The parties stipulated that Williams sentence would be greater than the presumptive term, community supervision would be imposed. and that no term of Williams understanding of the latter provision was confirmed at the change of plea hearing. The trial court accepted Williams according to its terms. the plea and sentenced However, due to an apparent 1 CA-CR 09-0970PRPC Page 2 clerical error, the sentencing minute entry included a paragraph which ordered a term of community supervision. Williams timely filed his Rule 32 of-right post- conviction relief proceeding, but did not raise any issue about the community completion of supervision his term. sentence, he Later, as Williams unsuccessfully correct the sentencing minute entry. neared attempted to In his last attempt, the trial court denied Williams relief based on the fact that his earlier requests had been denied. Williams then timely petitioned this court for review. The State concedes error and requests expedited review of this matter. The State acknowledges that this case now presents itself to the Court in an unusual procedural posture. in the interests of justice, the State urges accept review and grant the relief requested. this However, court to Based on our review of the record and for the reasons stated in the State s response, we grant the State s motion to expedite, and we grant relief. We amend the sentencing minute entry issued January 10, 1997, by deleting the paragraph which ordered Williams to serve one day for every seven days of the sentence imposed under the supervision of the Community Supervision Program. This amended 1 CA-CR 09-0970PRPC Page 3 minute entry conforms to the parties understanding and to the written terms of the plea agreement. /s/ _______________________________ PATRICK IRVINE PRESIDING JUDGE
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
