State v. Bixler, 060817 AZAPP1, 1 CA-CR 15-0180 PRPC

Docket Nº:1 CA-CR 15-0180 PRPC
Opinion Judge:SWANN, Judge
Party Name:STATE OF ARIZONA, Respondent, v. ROBERT DENNIS BIXLER, Petitioner.
Attorney:Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Robert Dennis Bixler, Kingman Petitioner
Judge Panel:Judge Peter B. Swann delivered the decision of the court, in which Presiding Judge Randall M. Howe and Judge Maria Elena Cruz joined.
Case Date:June 08, 2017
Court:Court of Appeals of Arizona

STATE OF ARIZONA, Respondent,

v.

ROBERT DENNIS BIXLER, Petitioner.

No. 1 CA-CR 15-0180 PRPC

Court of Appeals of Arizona, First Division

June 8, 2017

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2004-134166-001 DT The Honorable Robert L. Gottsfield, Judge Retired

Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent

Robert Dennis Bixler, Kingman Petitioner

Judge Peter B. Swann delivered the decision of the court, in which Presiding Judge Randall M. Howe and Judge Maria Elena Cruz joined.

MEMORANDUM DECISION

SWANN, Judge

¶1 Robert Dennis Bixler petitions this court for review from the summary dismissal of his third petition for post-conviction relief. In 2006, Bixler pled guilty to sexual exploitation of a minor and luring a minor for sexual exploitation, both dangerous crimes against children. The superior court sentenced him to seventeen years' imprisonment for sexual exploitation of a minor and placed him on lifetime probation for luring a minor for sexual exploitation. For reasons that follow, we grant review but deny relief.

¶2 In his petition for review, Bixler argues there was an insufficient factual basis to support his plea to sexual exploitation of a minor and that this renders him "actually innocent" of the charge. As charged in this case, a person commits sexual exploitation of a minor if the person knowingly distributes; transports; exhibits; receives; sells; purchases; or electronically transmits, possesses, or exchanges "any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct." A.R.S. § 13-3553(A)(2). The State further alleged the offense was a dangerous crime against children because the minor depicted in the image was under the age of fifteen. A.R.S. §§ 13-604.01(L)(1)(g) (recodified as amended at § 13-705(P)(1)(g)), -3553(C). Bixler argues there was no evidence of the identity of the person depicted in the image at issue; no evidence the person was an actual minor under the age of fifteen; and no evidence Bixler...

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