OPINION
ESPINOSA, Chief Judge.
¶ 1 In this petition for review of the trial court's order granting post-conviction relief, Rule 32.9(c), Ariz. R.Crim. P., 17 A.R.S., the State of Arizona challenges the court's order granting respondent Oscar Saenz a new trial on the basis of newly discovered evidence after a jury had found him guilty of first-degree murder. Saenz has not filed a response to the petition. Because it is clear from the record that...
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