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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
PAUL ANTHONY ROBLEDO, Petitioner.
No. 1 CA-CR 13-0615 PRPC
FILED 2-5-2015
Petition for Review from the Superior Court in Maricopa County
No. CR2009-110121-001
The Honorable Phemonia L. Miller, Judge Pro Tem
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Maricopa County Attorney’s Office, Phoenix
By Diane Meloche
Counsel for Respondent
Paul Anthony Robledo, Buckeye
Petitioner
STATE v. ROBLEDO
Decision of the Court
MEMORANDUM DECISION
Judge Patricia K. Norris delivered the decision of the Court, in which
Presiding Judge Margaret H. Downie and Judge Randall M. Howe joined.
N O R R I S, Judge:
¶1 Petitioner Paul Anthony Robledo petitions this court for
review of the superior court’s dismissal of his notice of petition for post-
conviction relief. We have considered his petition for review and, for the
reasons stated, grant review, but deny relief.
¶2 Robledo pled guilty to attempted first degree murder and the
trial court sentenced him to 21 years in prison. Robledo now seeks review
of the summary dismissal of his second notice of post-conviction relief.1
¶3 Robledo argues he was entitled to raise various claims of
ineffective assistance of counsel in his successive notice of post-conviction
relief based on the Supreme Court decisions of Missouri v. Frye, ___ U.S. ___,
132 S. Ct. 1399, 182 L. Ed. 2d 379 (2012), and Lafler v. Cooper, ___ U.S. ___,
132 S. Ct. 1376, 182 L. Ed. 2d 398 (2012), both of which Robledo also argues
constitute significant changes in the law. In both cases, the Supreme Court
held a defendant has a right to effective assistance of counsel during the
plea bargain process. Frye, ___ U.S. at ___, 132 S. Ct. at 1407-08; Lafler, ___
U.S. at ___, 132 S. Ct. at 1384. In Frye, the court further held the right to
effective assistance includes the right to have counsel communicate all
formal, favorable plea offers to the defendant. Frye, ___ U.S. at ___, 132 S.
Ct. at 1408.
¶4 Because Frye and Lafler are not significant changes in the law
as applied in Arizona, we deny relief. Arizona has long recognized that the
right to effective assistance of counsel extends to the plea bargain process,
and that counsel must adequately communicate all plea offers to the
1We will not disturb the superior court’s ruling in a post-
conviction relief proceeding absent an abuse of discretion. State v. Petty, 225
Ariz. 369, 371, ¶ 7, 238 P.3d 637, 639 (App. 2010).
2
STATE v. ROBLEDO
Decision of the Court
defendant. State v. Donald, 198 Ariz. 406, 413, ¶ 14, 10 P.3d 1193, 1200 (App.
2000). Robledo could have raised his claims of ineffective assistance of
counsel in his first post-conviction relief proceeding, and none of the
exceptions under Arizona Rule of Criminal Procedure 32.2(b) apply.
¶5 Accordingly, we grant review, but deny relief.
:ama
3
State v. Robledo
Combined Opinion