State v. Petty

OPINION

ESPINOSA, Judge.

¶ 1 Petitioner James Petty seeks review of the trial court’s order summarily dismissing his successive notice of post-conviction relief filed pursuant to Rule 32, Ariz. R.Crim. P. For the reasons stated below, we grant his petition for review and grant relief.

Factual and Procedural Background

¶ 2 Petty was convicted of theft by control or misrepresentation pursuant to a plea agreement entered in May 2009. The trial court sentenced him to a partially aggravated prison term of five years. By pleading guilty, he waived the right to a direct appeal to this court from his…