STATE v. GUTIERREZ

No. CR-11-0314-PR.

278 P.3d 1276 (2012)

STATE of Arizona, Respondent, v. Phil Osuna GUTIERREZ, Petitioner.

Supreme Court of Arizona, En Banc.

June 27, 2012.


Attorney(s) appearing for the Case

William G. Montgomery , Maricopa County Attorney by Diane Meloche , Appeals Bureau Chief, Phoenix, Attorneys for the State of Arizona.

Quarles & Brady LLP by Isaac M. Gabriel , Phoenix, Attorney for Phil Osuna Gutierrez.


OPINION

PELANDER, Justice.

¶ 1 The issue presented is whether the superior court must hold an evidentiary hearing when the results of postconviction DNA testing conducted under A.R.S. § 13-4240 are favorable to the petitioner. We hold that, although the court must hold a hearing, an evidentiary hearing is not necessarily required.

I.

¶ 2 In April 1998, four members of the West Side Guadalupe gang — Reyes, Coronado...

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