State of Arizona v. Samuel Phillip Viramontes

OPINION

BRAMMER, J.

¶ 1 Petitioner Samuel Viramontes challenges the trial court’s dismissal of his petition for post-conviction relief brought pursuant to Rule 32, Ariz. R.Crim. P., 17 A.R.S. Because we find that the trial court erred when it granted the state’s motion to dismiss the petition as untimely, we vacate the dismissal and remand the case for further proceedings consistent with this opinion. See State v. Watton, 164 Ariz. 323, 793 P.2d 80 (1990).

¶ 2 After a jury trial, Viramontes was convicted of first-degree murder. On May 24, 2000, the trial court sentenced him to natural life in…