State v. Smith

OPINION

GRANT, Judge.

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner Dale Lee Smith (defendant) petitions this court for review of the denial of his second petition for post-conviction relief under Rule 32, Arizona Rules of Criminal Procedure.

Defendant was convicted of two counts of third-degree burglary and one count of theft, all class 4 felonies, by his plea of guilty pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). He was sentenced to the presumptive term of four years imprisonment on the burglary counts, to be served consecutively, and a mitigated term…