Diego Peregrina v. State

MELANSON, Chief Judge.

Diego Peregrina appeals from the district court’s judgment summarily dismissing his petition for post-conviction relief on the ground that it was untimely filed. For the reasons set forth below, we vacate the judgment and remand for further proceedings.

I

FACTS AND PROCEDURE

In 2007, Peregrina shot two men following an argument at a child’s birthday party. Both men survived. Peregrina was found guilty by a jury trial of two counts of aggravated battery, I.C. §§ 18-903(a) and 18-907(l)(b), and two enhancements for the use of a firearm during the commission of those…