STATE v. BARTLETT

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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. ALAN M. BARTLETT, Petitioner. No. 1 CA-CR 16-0755 PRPC FILED 10-19-2017 Petition for Review from the Superior Court in Maricopa County No. CR2007-172499-001 The Honorable Barbara L. Spencer, Judge Pro Tempore REVIEW DENIED COUNSEL Maricopa County Attorney’s Office, Phoenix By Diane Meloche Counsel for Respondent Alan M. Bartlett, Phoenix Petitioner STATE v. BARTLETT Decision of the Court MEMORANDUM DECISION Presiding Judge Paul J. McMurdie, Judge Peter B. Swann and Judge Samuel A. Thumma delivered the following decision. PER CURIAM: ¶1 Petitioner Alan Bartlett seeks review of the superior court’s order denying his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. ¶2 Bartlett filed his notice of request for post-conviction relief over seven years after the entry of judgment. [I72; I75] Accordingly, the superior court dismissed his notice as untimely pursuant to Arizona Rule of Criminal Procedure 32.4(a). [I78] Bartlett’s petition fails to set forth any factual or legal basis to allow review of the petition. [I75] See State v. Lopez, 234 Ariz. 513, 515, ¶ 9 (App. 2014) (“[A] defendant who fails to timely file a notice of appeal—like a defendant who does not timely file a notice of postconviction relief—has no remedy unless that defendant can demonstrate, pursuant to Rule 32.1(f), that the ‘failure to file a notice of post-conviction relief of-right or notice of appeal within the prescribed time was without fault on the defendant’s part.’”). ¶3 We deny review. AMY M. WOOD • Clerk of the Court FILED: AA 2

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