State v. Stelter

OPINION

EUBANK, Judge.

This is a petition for review of a final order of the Superior Court of Maricopa County denying petitioner’s petition for post-conviction relief under Rule 32, Rules of Criminal Procedure, 17 A.R.S. On October 28, 1975, this Court entered its order dismissing said petition on the ground that no time-ly motion for rehearing had been filed in the trial court, as required by Rules 32.9(a) and (c), ibid, and State v. Gause, 112 Ariz. 296, 541 P.2d 396 (1975), as a result of which this Court had no jurisdiction over said petition.

On November 3, 1975, petitioner filed a motion…