RE STATE OF ARIZONA v. ISAAC VICERA POPOCA (2022)

GREETINGS:

The following action was taken by the Supreme Court of the State of Arizona on December 6, 2022, in regard to the above-referenced cause:

ORDERED: Motion for Continuance to Reply to the Limited Response of the State to Petitioner's Petition for Review = DENIED as moot.

FURTHER ORDERED: Motion for Permission to File a Reply Limited to the Limited State's Response to Mr. Popoca's Petition for Review = GRANTED.

FURTHER ORDERED: Motion to Exceed Page Limitation for Mr. Popoca's Reply to the State's Limited Response to Petition for Review = GRANTED.

FURTHER ORDERED: Petition for Review of Petitioner's Post Con. Relief Petition= GRANTED as to issues 1 and 8.

IT IS ORDERED vacating the trial court's order and the court of appeals’ memorandum decision to the extent they address issues 1 and 8.

IT IS FURTHER ORDERED remanding this matter to the trial court to (1) conduct an evidentiary hearing to determine if Petitioner can establish his ineffective assistance of counsel claim arising out of the offer put on the record at the August 5, 2008 hearing; and (2) to determine whether Petitioner should be able to supplement his PCR petition as to this issue only.

Justice Beene and Justice Montgomery did not participate in the determination of this matter.

Tracie K. Lindeman, Clerk

ROBERT BRUTINEL Chief Justice