Gonzalez v. NOOTH

Petitioner appeals from a judgment denying his petition for post-conviction relief. For the first time on appeal, he contends that the post-conviction court “had no jurisdiction to hear” his petition for post-conviction relief. The state agrees “that petitioner’s petition was premature” and, therefore, the post-conviction court lacked jurisdiction to consider petitioner’s claims.

The petition for post-conviction relief in this case was filed in 2007; an amended petition was filed in January 2008. However, the appellate judgment on the direct appeal from the underlying criminal case was not…