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STATE v. GORACKE

No. 1 CA-CR 03-0187.

106 P.3d 1035 (2005)

210 Ariz. 20

STATE of Arizona, Respondent, v. Darrell Wayne GORACKE, Petitioner.

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

February 22, 2005.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Andrew P. Thomas, Maricopa County Attorney By Arthur Hazelton, Deputy County Attorney, Phoenix, Attorneys for Respondent.

Law Offices of Kerrie M. Droban By Kerrie M. Droban, Scottsdale, Attorney for Petitioner.

OPINION

BARKER, Judge.

¶ 1 Darrell Wayne Goracke ("petitioner"), while incarcerated, filed a pro per petition for review by the Arizona Supreme Court three days after the deadline. The issue before us is whether the prisoner mailbox rule that applies in other specified post-trial settings applies here. We hold that it does.

Facts and Procedural History

¶ 2 On November 16, 2000, petitioner was convicted of burglary in the...

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