State v. Pope

CAMERON, Justice.

The Court of Appeals, Division One, 635 P.2d 861, dismissed defendant’s petition for review of a Rule 32 proceeding in the trial court. We granted defendant’s petition for review of the dismissal by the Court of Appeals. We have jurisdiction pursuant to Rule 31.19, Rules of Criminal Procedure, 17 A.R.S.

We must answer only one question and that is whether the time limits for the filing of a motion for rehearing pursuant to Rule 32.9(a) of the Rules of Criminal Procedure, 17 A.R.S., are jurisdictional.

The facts necessary to a determination of this issue are as follows. On 25…