State v. Rodriguez

OPINION

GARBARINO, Judge.

Tony Sylvester Rodriguez (defendant) petitions for review of the trial court’s denial of post-conviction relief under Rule 32 of the Arizona Rules of Criminal Procedure. We hold that a defendant who seeks Rule 32 relief following his conviction at trial is entitled to file a pro se petition if the trial court is informed that appointed counsel has no intention of doing so.

FACTUAL AND PROCEDURAL BACKGROUND

A jury convicted defendant of aggravated driving while under the influence and aggravated driving with an alcohol concentration of 0.10 or more, both class 5 felonies.…