RE STATE OF ARIZONA v. CHRISTOPHER REY LICON (2024)

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 Licon's 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 court's order declining petitioner's 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