State v. Kelly

OPINION

DONOFRIO, Acting Presiding Judge.

Appellant, Christopher E. Kelly, was convicted following a jury trial of assault with a deadly weapon, A.R.S. § 13-249. The court sentenced him to a term of not less than eight nor more than twelve years in prison. He subsequently lodged his first appeal in this Court. State v. Kelly, 1 CA-CR 1803. While this appeal was pending, appellant filed a petition for post-conviction relief, 17 A.R.S., Rules of Criminal Procedure, rule 32. The court afforded him an evidentiary hearing, after which the petition was granted. Appellant then filed a motion to…