State v. Shrum

In State v. Shrum, 220 Ariz. 115, 118, P 11, 203 P.3d 1175, 1178 (2009), the defendant pled guilty to two counts of attempted sexual conduct with a minor, each constituting a class three felony, and was sentenced to eight years' imprisonment and lifetime probation. Shrum, 220 Ariz. at 116-17, PP 3-4, 203 P.3d at 1176-77. The defendant then filed a petition pursuant to Rule 32, challenging only the period of his incarceration, contending that pursuant to a recent supreme court opinion, he had been sentenced to prison under the incorrect statute. Shrum, 220 Ariz. at 117, P 6, 203 P.2d at 1177. The supreme court held that the decision upon which defendant based his appeal was not a "significant change in the law," and found that his appeal for post-conviction relief was precluded under Rule 32. Shrum, 220 Ariz. at 120, P 23, 203 P.2d at 1180.