GREETINGS:
The following action was taken by the Supreme Court of the State of Arizona on April 2, 2024, in regard to the above-referenced cause:
ORDERED: Writ of Certiorari (Treated as Petition for Review) = GRANTED.
FURTHER ORDERED: The court of appeals’ order dismissing Licons petition for review is vacated. Rule 32 filing deadlines—including the petition for review filing deadline—are not jurisdictional. See State v. Pope, 130 Ariz. 253, 255 (1981). The PCR court erred by refusing to extend the filing deadline under the circumstances here, and the court of appeals erred by dismissing the petition for review on that basis. FURTHER ORDERED: The PCR courts order declining petitioners request to extend the time for filing a petition for review with the court of appeals is vacated.
FURTHER ORDERED: The matter is remanded to the court of appeals. Licon may file an amended petition for review no later than 90 days from the date of this order.
Justice Lopez and Justice Montgomery did not participate in the determination of this matter.
Tracie K. Lindeman, Clerk
TO:
Rachel H Mitchell
Alice Jones
Quinton S Gregory
Christopher Rey Licon, ADOC 306996, Arizona State Prison, Safford - Tonto Unit
Amy M Wood
Raymond L Billotte
Hon. Michael W Kemp
Hon. Jeff Fine
Hon. Joseph C Welty
Hon. Jennifer E Green
jd