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MONTGOMERY v. SUPERIOR COURT

No. 1 CA-SA 93-0200.

178 Ariz. 84 (1993)

870 P.2d 1180

Jackie MONTGOMERY, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Steven D. Sheldon, a judge thereof, Respondent Judge, STATE of Arizona, Real Party in Interest.

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

Review Granted April 5, 1994.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, and Richard M. Romley, Maricopa County Atty. by Arthur Hazelton, Deputy County Atty., Phoenix, for real party in interest.

Dean W. Trebesch, Maricopa County Public Defender by James H. Kemper, Deputy Public Defender, Phoenix, for petitioner.

OPINION

GARBARINO, Presiding Judge.

Jackie Montgomery (petitioner) brings this special action from the trial court's denial of his request for an extension of time of file a pro se petition for post-conviction relief and the court's dismissal of his non-existent petition. This court accepted jurisdiction, granted relief, and stated that an opinion would follow. This is that opinion.

FACTS AND PROCEDURAL HISTORY

Following the petitioner...

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