State of Arizona v. Brandon Albert Seay

OPINION

VÁSQUEZ, Presiding Judge.

¶ 1 Brandon Seay petitions this court for review of the trial court’s order denying his petition for post-conviction relief filed pursuant to Rule 32, Ariz. R.Crim. P. We will not disturb that ruling unless the court clearly has abused its discretion. See State v. Swoopes, 216 Ariz. 390, ¶ 4, 166 P.3d 945, 948 (App.2007). We grant review and relief.

¶ 2 On October 6, 2011, Seay was indicted in Cochise County for second-degree burglary, theft, and criminal damage. Because Seay was serving another sentence in the custody of the Arizona Department of Corrections…