No. 5289-PR.

130 Ariz. 250 (1981)

635 P.2d 843

STATE of Arizona, Respondent, v. Jonathan Collins GRANGE, Petitioner.

Supreme Court of Arizona, In Banc.

October 6, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and Crane McClennen, Asst. Attys. Gen., Phoenix, William L. Hicks, former Yavapai County Atty., Charles Hastings, Yavapai County Atty., Prescott, for respondent.

Michael E. Benchoff, Ltd. by Michael E. Benchoff, Richard F. Albrecht, Phoenix, for petitioner.

CAMERON, Justice.

The Court of Appeals, Division One, 635 P.2d 857, dismissed defendant's petition for review of a Rule 32 proceeding in the trial court. We granted defendant's petition for review of the dismissal by the Court of Appeals. We have jurisdiction pursuant to Rule 31.19, Rules of Criminal Procedure, 17 A.R.S.

We must answer two questions:

1. Did defendant make a timely motion for rehearing of the trial...

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