Background
Robert Joseph Murdie pleaded guilty to amended sexual-abuse charges, including one count with a historical prior felony conviction. Under the parties’ stipulation, the Maricopa County Superior Court imposed 2.25 years in prison and lifetime probation after his release. Murdie was sentenced in November 2024 and signed a notice explaining that he generally had 90 days to initiate post-conviction relief proceedings.
About nine months later, Murdie filed a post-conviction-relief notice alleging, among other things, that the State had concealed evidence. The superior court dismissed the untimely notice because he did not explain the evidence, when he discovered it, or why he delayed filing. His first reconsideration motion argued that Arizona’s probation statutes conflicted; a later, second reconsideration motion asserted that trial counsel had failed to file a notice for him after receiving his legal papers.
The Court’s Holding
The Arizona Court of Appeals granted review but denied relief. It held that Murdie’s petition for appellate review was itself untimely: the superior court denied his first reconsideration motion on October 6, 2025, making his review petition due November 5, but he filed it January 13, 2026. His unauthorized second reconsideration motion did not extend that deadline.
Even assuming the review petition had been timely, the court held that Murdie’s merits argument failed. Arizona Revised Statutes § 13-902(E) is an exception to the ordinary felony probation limits in § 13-902(A), allowing probation up to life for specified offenses, including qualifying sexual offenses. Thus, the lifetime-probation term in Murdie’s plea agreement was lawful. His claim that counsel was ineffective for not timely filing a PCR notice was waived because he did not raise it in his original notice or first reconsideration motion.
Key Takeaways
- A petition for review in Arizona PCR proceedings must be filed within 30 days of the relevant final ruling unless delayed filing is properly sought.
- A second motion to reconsider the denial of a reconsideration motion is unauthorized and does not toll the review deadline.
- Section 13-902(E) permits lifetime probation for designated offenses despite the general probation limits in § 13-902(A).
Why It Matters
The decision underscores the strict procedural deadlines governing Arizona post-conviction litigation. A defendant must timely present both the PCR notice and any request for appellate review, and cannot preserve a late filing through an unauthorized successive reconsideration motion.
It also confirms that a stipulated lifetime-probation term for an offense covered by § 13-902(E) is not rendered illegal by the general maximum probation periods in § 13-902(A).