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MORENO v. GONZALEZ

Nos. CV-97-0268-CQ, CV-97-0271-CQ.

962 P.2d 205 (1998)

192 Ariz. 131

Gilbert Arvizo MORENO, Petitioner-Appellant. v. Dave GONZALEZ, Deputy Warden; Grant Woods, Attorney General, Respondents-Appellees. Doub BINFORD, Petitioner-Appellant, v. William RHODE; Grant Woods, Attorney General, Respondents-Appellees.

Supreme Court of Arizona, En Banc.

July 17, 1998.

Attorney(s) appearing for the Case

Fredric F. Kay, Federal Public Defender, Tuscon, by Julie S. Hall, Denise I. Young, Assistant Federal Public Defenders, Phoenix, for Gilbert Arvizo Moreno and Doub Binford.

Grant Woods, Attorney General, by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and R. Wayne Ford, Susanna C. Pineda, Assistant Attorneys General, Phoenix, for Dave Gonzalez, Grant Woods and William Rhode.

OPINION

MARTONE, Justice.

¶ 1 These are certified questions from two panels of the United States Court of Appeals for the Ninth Circuit in which the primary inquiry is whether petitions for review or petitions for post-conviction relief are appeals within the meaning of Rule 32.1(f), Ariz. R.Crim. P. We hold that they are not.

I. Certification Orders

A. Moreno v. Gonzalez

¶ 2 Moreno's federal habeas corpus petition...

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