State v. Gibson

── State v. Gibson ── Court: Court of Appeals of Arizona Date: April 24, 2026 Category: General 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. BENNY DAVID GIBSON, Petitioner. No. 1 CA-CR 25-0500 PRPC FILED 04-24-2026 Appeal from the Superior Court in Maricopa County No. CR2011-141134-002 The Honorable Jeffrey A. Rueter, Judge REVIEW GRANTED; RELIEF DENIED COUNSEL Benny David Gibson, Buckeye Petitioner Maricopa County Attorney’s Office, Phoenix By Philip D. Garrow Counsel for Respondent  STATE v. GIBSON Decision of the Court MEMORANDUM DECISION Judge Brian Y. Furuya delivered the decision of the Court, in which Presiding Judge Andrew M. Jacobs and Judge James B. Morse Jr. joined. F U R U Y A, Judge: ¶1 Benny D. Gibson (“Gibson”) appeals the superior court’s denial of his motion captioned “Requesting Right to Be Heard Pursuant to Canon 2 Rule 2.6 with Brief” and his motion for reconsideration, which the court treated as a petition for post-conviction relief. This is Gibson’s fifth petition. For the following reasons, we grant review but deny relief. FACTS AND PROCEDURAL HISTORY ¶2 In February 2016, Gibson pled guilty to three counts of “Attempted Child Abuse and a Dangerous Crime Against Children.” Several days later, Gibson moved to withdraw from the plea agreement because of “inaccurate statements made by the State and a manifest injustice.” The court denied the motion and sentenced Gibson to 7.5 years in prison for one count and lifetime probation for the other two counts. ¶3 Gibson filed his first petition for post-conviction relief in December 2016. He raised several challenges such as ineffective assistance of counsel, lack of jurisdiction, and violation of the plea agreement. The court dismissed Gibson’s petition in April 2017, finding his claims were either precluded or meritless. ¶4 Gibson was later released on probation in February 2018. Eight months later, the Adult Probation Department petitioned to revoke Gibson’s probation for failure to comply with the terms of his release. A hearing was held the following month, and the court revoked Gibson’s probation after finding he violated his release terms. The court then sentenced Gibson to 10 years in prison and reinstated his lifetime probation upon release. Gibson appealed on December 7, 2018, and we affirmed his probation revocation a year later. ¶5 While Gibson’s appeal was pending, he filed his second petition for post-conviction relief on October 4, 2019. The court dismissed Gibson’s petition in March 2020 after finding Gibson did not raise any colorable claims for relief. In May 2023, Gibson filed his third notice for 2  STATE v. GIBSON Decision of the Court post-conviction relief, citing newly discovered evidence and actual innocence related to his probation revocation hearing. The court dismissed Gibson’s petition for failure to state a claim for relief. Several months later, Gibson filed a petition for writ of habeas corpus, challenging his probation violation and resulting sentence. The court treated Gibson’s filing as his fourth petition for post-conviction relief and again dismissed it for failure to state a claim. Gibson subsequently filed a petition for review, and we denied relief in July 2024. ¶6 One year later, Gibson filed his “Motion Requesting Rig