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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE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 

## A RIZONA 

## C OURT OF 

## A PPEALS

D IVISION O NE

STATE OF ARIZONA , Respondent
,

v.

JEFFREY JAMES FAULKNER , Petitioner

.
No. 1 CA

- CR 16

- 0426 PRPC

Petition for Review from the Superior Court in Maricopa County

No. CR 1994

- 009172 The Honorable Dean M. Fink
, Judge

REVIEW GRANTED; RELI EF DENIED

COUNSEL
Maricopa County Attorney ' s Office , Phoenix By Diane Meloche Counsel for Respondent

Jeffrey James Faulkner
, Buckeye Petitioner FILED 9-12-2017STATE v. FAULKNER Decision of the Court

2 MEMORANDUM DECISION
Presiding Judge Diane M. Johnsen delivered the decision of the Court, in which Judge Michael J. Brown and Judge Jennifer B. Campbell joined.

J O H N S E N , Judge:

¶1 Petitioner Jeffrey James Faulkner petitions this court for review from the dismissa l of his successive petition for post

- conviction relief

. We have considered the petition for review and, for the reasons stated, grant review and deny relief.

¶2 A jury convicted Faulkner of two counts of aggravated assault, both dangerous offenses, and the superior court imposed consecutive terms of 35 years ' imprisonment. On direct appeal
, this court reversed the convictions and remanded for a new trial. State v. Faulkner , 1 CA

- CR 96

- 0265 (Ariz. App. Apr. 29, 1997 ) (mem. decis ion).

¶3 On remand, Faulkner was convicted again and sentenced to two consecutive terms of 21 years ' imprisonment. He filed an appeal, but later moved to voluntarily dismiss the appeal and the motion was granted. State v. Faulkner , 1 CA

- CR 98

- 0380 (Ariz. Ap p. Sep t . 18, 1998) (order).

¶4 Faulkner then timely filed his first po st

- conviction relief petition , challenging his sentences. The superior court denied relief, but on review this court granted relief in part and remanded for resentencing. State v. Faulkne r

, 1 CA

- CR 99

- 0564 (Ariz. App. Mar. 30, 2000) (mem. decision). Faulkner was resentenced in January of 2001. On appeal, this court affirmed the resentencing. State v. Faulkner , 1 CA

- CR 01

- 0099 (Ariz. App. Oct. 25, 2001) (mem. decision).

¶5 Since that time, Faulkner has filed seven petitions for post

conviction relief
, four petitions for review and one special action

. In this petition , filed in June of 2015, Faulkner re

- alleges claims of ineffective assistance of trial and appellate counsel
, illegal sentence a nd significant change in the law

. He also presented claims of ineffective assistance of post

conviction relief counsel, actual innocence and newly discovered evidence

. The superior court found that the claims were untimely, precluded o r not cognizable or colorable

. This petition for review followed.STATE v. FAULKNER Decision of the Court

3 ¶6 T he superior court dismissed the proceeding in an order that clearly identified and correctly ruled upon the issues raised. 1 Further, the court did so in a thorough, well

- reasoned manner that will allow any future court to understand the court ' s rulings. Under these circumstances, " [n]o useful purpose would be served by this court rehashing the trial court ' s correct ruling in a written decision

. " State v. Whipple , 177 Ariz. 272, 274 (App. 1993). Therefore, we adopt the superior court ' s ruling.

¶7 For the reasons stated above, we grant review but deny relief.

1 To the extent Faulkner ' s claim of a change in the law was brought pursuant to State v. Phillips , 202 Ariz. 427 (2002) , we note this claim was presented and rejected in his second PCR proceeding. Faulkner then petitioned this court for review , but review was denied. State v. Faulkner , 1 CA

- CR 03

- 0311 (Ariz. App. Jun e 29, 2004) (order). As noted by the superior court, Faulkner ' s addition of Arizona Revised Statutes section 13

- 303(A)(3) to the claim, without any explanation " why a statute expanding accomplice liability would have affected his conviction or sentence
, " d id not establish a colorable claim.