STATE v. EVANS

No. 1 CA-CR 21-0411 PRPC.

506 P.3d 819 (2022)

STATE of Arizona, Respondent, v. Wayne A. EVANS, Petitioner.

Court of Appeals of Arizona, Division 1.

FILED March 1, 2022.


Attorney(s) appearing for the Case

Maricopa County Attorney's Office, Phoenix By Daniel Strange Counsel for Respondent.

The Nolan Law Firm PLLC, Mesa By Todd E. Nolan , Vicki A. R. Lopez Counsel for Petitioner.

Presiding Judge Paul J. McMurdie delivered the Court's opinion, in which Vice Chief Judge David B. Gass and Judge Angela K. Paton joined.


OPINION

¶1 Wayne Evans petitions this court to review the dismissal of his post-conviction relief ("PCR") petition filed under Arizona Rule of Criminal Procedure 32.1. We hold that under Rule 32.1(g), a new rule may be retroactively applied only if it is substantive. We also hold that a sentence is not unauthorized...

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