2013 Unpublished Opinion No. 768
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Timothy L. Hansen, District Judge.
Order summarily dismissing successive petition for post-conviction relief, affirmed.
Pablo Mendoza Meraz, Boise, pro se appellant.
Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, Deputy Attorney General, Boise, for respondent.
Pablo Mendoza Meraz appeals from the district court's order summarily dismissing his successive petition for post-conviction relief. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
The facts and proceedings relating to Meraz's first petition for post-conviction relief are set forth by the district court in its order giving Meraz notice of its intent to dismiss his successive petition for post-conviction relief:
Following Petitioner's trial before a jury in the instant action, verdicts were returned on January 15, 1993, finding him guilty of four counts of trafficking in heroin and one count of conspiracy to deliver heroin. On March 5, 1993, a Judgment and Commitment entered, sentencing Petitioner to a term of life in prison with the first twenty years fixed for the offense of conspiracy to deliver heroin and a term of seven years with the first three years fixed for each of the counts of trafficking in heroin; each to run consecutively to the other, but concurrently with the sentence for conspiracy to deliver heroin. Petitioner appealed this judgment; however, the Supreme Court of Idaho dismissed that appeal and a Remittitur entered on March 4, 1994. Thereafter, Petitioner sought to reinstate his appeal which was denied by the Idaho Supreme Court in its Order Denying Motion to Reinstate Appeal dated October 6, 2000. Petitioner subsequently filed a motion titled Correction of Illegal Sentence (Rule 35) which the Court denied in its Order Denying Motion for Correction of Sentence entered on April 9, 2007. Petitioner appealed this decision; however, the Idaho Court of Appeals affirmed the trial court in a decision filed on November 9, 2007, for which a Remittitur entered on February 4, 2008. On June 23, 2010, Petitioner filed his first post-conviction petition in Case No. CV-PC-2010-12700, well past one year from the final remittitur by the Idaho Court of Appeals and more than sixteen years from the remittitur following the Idaho Supreme Court's dismissal of the appeal of his Judgment of Conviction and Commitment, and therefore untimely. See I.C. § 19-4902(a). The Court entered its Order Denying Motion for Appointment of Counsel and Notice of Intent to Dismiss the Application for Post-Conviction Relief as to Petitioner's first petition on December 9, 2010. Having waited more than twenty days and having received no response from Petitioner, the Court entered its Order dismissing Petitioner's first petition on January 10, 2011.
On October 4, 2012, Meraz filed a successive petition for post-conviction relief and a motion and affidavit in support for appointment of counsel. The district court denied the motion for appointment of counsel and provided notice of its intent to dismiss the successive petition. Meraz responded to the court's notice of intent to dismiss; thereafter, the district court issued a memorandum decision and order dismissing the successive petition. Meraz timely appeals.