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STATE v. PETTY

No. 2 CA-CR 2010-0018-PR.

238 P.3d 637 (2010)

The STATE of Arizona, Respondent, v. James N. PETTY, Petitioner.

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

August 31, 2010.

Attorney(s) appearing for the Case

Barbara LaWall , Pima County Attorney By Jacob R. Lines , Tucson, Attorneys for Respondent.

Isabel G. Garcia , Pima County Legal Defender By Joy Athena , Tucson, Attorneys for Petitioner.

OPINION

ESPINOSA, Judge.

¶ 1 Petitioner James Petty seeks review of the trial court's order summarily dismissing his successive notice of post-conviction relief filed pursuant to Rule 32, Ariz. R.Crim. P. For the reasons stated below, we grant his petition for review and grant relief.

Factual and Procedural Background

¶ 2 Petty was convicted of theft by control or misrepresentation pursuant to a plea agreement entered in...

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