Law Applicable to Post Conviction Relief (PCR)

Ariz.R.Crim.P. 32.4 A PCR notice "must be filed within ninety days after the entry of judgment and sentence or within thirty days after the issuance of the final order or mandate by the appellate court.

A PCR can be filed late for a valid reason, State v. Grange, 130 Ariz. 250 (Ariz. 1981).

Ariz.R.Crim.P. 32.1. PCR proceedings apply to anyone who pled guilty, no contest, admitted or was found in automatic violation of probation. Grounds for relief include (a) the conviction was in violation of the United States and or Arizona Constitution. (b) The court did not have jurisdiction. (c) The sentence was illegal. (d) Defendant's sentence expired. (e) Newly discovered evidence would have changed the result. (f) Defendant's failure to file a PCR within the time limit was not Defendant's fault. (g) There has been a significant change in the law. (h) There is clear and convincing evidence that shows Defendant is innocent.

Ariz.R.Crim.P. 32.2 PCR proceedings are precluded when (1) the issue should have been raised on appeal. (2) The issue was already decided in an appeal or collateral proceeding. (3) The issue has been waived.