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STATE v. BORTZ

Nos. 1 CA-CR 89-1305-PR, 1 CA-CR 89-1555-PR.

169 Ariz. 575 (1991)

821 P.2d 236

STATE of Arizona, Respondent, v. Carl BORTZ, Jr., Petitioner.

Court of Appeals of Arizona, Division 1, Department A.

Review Denied December 17, 1991.

Attorney(s) appearing for the Case

William J. Ekstrom, Jr., Mohave County Atty., by Robert R. Moon, Deputy County Atty., Kingman, for respondent.

Michael E. St. George, Tempe, for petitioner.

OPINION

JACOBSON, Judge.

The significant issue in this case is whether Rule 32.9(a), Arizona Rules of Criminal Procedure, requires a second motion for rehearing when the trial court grants a prior motion for rehearing on a petition for post-conviction relief, grants an evidentiary hearing as a result of the first motion for rehearing, but then dismisses the petition on grounds other than those raised in the original motion for rehearing.

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