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STATE v. VIRAMONTES

No. 2 CA-CR 2004-0378-PR.

118 P.3d 630 (2005)

The STATE of Arizona, Respondent, v. Samuel Phillip VIRAMONTES, Petitioner.

Court of Appeals of Arizona, Division 2, Department A.

August 26, 2005.

Attorney(s) appearing for the Case

Wanda K. Day, Tucson, for Petitioner.

OPINION

BRAMMER, J.

¶ 1 Petitioner Samuel Viramontes challenges the trial court's dismissal of his petition for post-conviction relief brought pursuant to Rule 32, Ariz. R.Crim. P., 17 A.R.S. Because we find that the trial court erred when it granted the state's motion to dismiss the petition as untimely, we vacate the dismissal and remand the case for further proceedings consistent with this opinion. See State v. Watton,

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