State v. Rosales

OPINION

HOWARD, J.

¶ 1 Petitioner Adam Albert Rosales seeks review of the trial court’s dismissal of post-conviction relief proceedings brought pursuant to Rule 32, Ariz. R.Crim. P., 17 AR.S., after the conclusion of his delayed appeal. Because we find that the trial court abused its discretion in summarily dismissing the proceeding based solely on the notice of post-conviction relief, without appointing counsel and before any petition was filed, we vacate that dismissal and remand the case for further proceedings. See State v. Watton, 164 Ariz. 323, 325, 793 P.2d 80, 82 (1990) (trial court’s…