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STATE v. SAVAGE

No. 4040-PR.

117 Ariz. 535 (1978)

573 P.2d 1388

The STATE of Arizona, Respondent, v. Joe Wayne SAVAGE, Petitioner.

Supreme Court of Arizona, In Banc.

January 9, 1978.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, Asst. Atty. Gen., Phoenix, for respondent.

Aspey, Watkins & Diesel by Frederick M. Aspey, Flagstaff, for petitioner.

CAMERON, Chief Justice.

We granted defendant's petition for review of a dismissal by the Court of Appeals of defendant's petition for review of a Rule 32 proceeding in the trial court.

We take jurisdiction pursuant to Rule 31.19, Rules of Criminal Procedure, 17 A.R.S.

We must consider two issues on appeal:

1. whether Rule 1.3's grant of 5 additional days for mailing applies to Rule 32.9(c), Rules of Criminal Procedure, 17 A.R.S.; and...

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