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STATE v. MARTINEZ

No. 2 CA-CR 2010-0392-PR.

250 P.3d 241 (2011)

The STATE of Arizona, Respondent, v. Richard MARTINEZ, Petitioner.

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

March 31, 2011.

Attorney(s) appearing for the Case

Richard Martinez , Florence, In Propria Persona.

OPINION

HOWARD, Chief Judge.

¶ 1 Petitioner Richard Martinez challenges the trial court's ruling on his petition for post-conviction relief, filed pursuant to Rule 32, Ariz. R.Crim. P. We grant review and, for the following reasons, conclude the court abused its discretion in finding Martinez's claim of ineffective assistance of Rule 32 counsel either precluded or premature. We therefore remand the case for further proceedings.

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