State v. Saenz

OPINION

ESPINOSA, Chief Judge.

¶ 1 In this petition for review of the trial court’s order granting post-conviction relief, Rule 32.9(c), Ariz. R.Crim. P., 17 A.R.S., the State of Arizona challenges the court’s order granting respondent Oscar Saenz a new trial on the basis of newly discovered evidence after a jury had found him guilty of first-degree murder. Saenz has not filed a response to the petition. Because it is clear from the record that Saenz was aware of the evidence before trial but chose not to reveal it, we agree with the state that the trial court erred in granting him a new trial.

B…