It's too late to file a Rule 32 as-of-right. Controlling statute follows. I'm not certain, but I think it can be filed with permission later in AZ.
Rule 32.4. Commencement of proceedings.
a. Form, filing and service of petition.
A proceeding is commenced by
timely filing a notice of post-conviction relief with the court in which
the conviction occurred. The court shall provide notice forms for
commencement of all post-conviction relief proceedings. In a Rule 32
of-right proceeding, the 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 in the
petitioner's first petition for post-conviction relief proceeding. In all
other non-capital cases, the notice must be filed within ninety days
after the entry of judgment and sentence or within thirty days after the
issuance of the order and mandate in the direct appeal, whichever is the
later. In a capital case, the clerk of the Supreme Court shall
expeditiously file a notice for post-conviction relief with the trial
court upon the issuance of a mandate affirming the defendant's conviction
and sentence on direct appeal. Any notice not timely filed may only raise
claims pursuant to Rule 32.1(d), (e), (f), (g) or (h). The notice shall
bear the caption of the original criminal action or actions to which it
pertains. On receipt of the notice, the court shall file a copy of the
notice in the case file of each such original action promptly send copies
to the defendant, the county attorney, the defendant's attorney, if
known, and the attorney general or the prosecutor, noting in the record
the date and manner of sending the copies. If the conviction occurred in
a court other than the Superior Court, the copy shall be sent to the
office of the prosecuting attorney who represented the state at trial.
The state shall notify any victim who has requested notice of
b. Notification of appellate court.
If an appeal of the defendant's
conviction, sentence, or both is pending, the clerk, or the court, within
5 days after the filing of the notice for post-conviction relief, shall
send a copy of the notice to the appropriate appellate court, noting in
the record the date and manner of sending the copies.
c. Appointment of counsel.
(1) Capital cases.
After the Supreme Court has affirmed a defendant's
conviction and sentence in a capital case, the Supreme Court, or if
authorized by the Supreme Court, the presiding judge of the county from
which the case originated, shall appoint counsel for the defendant
pursuant to A.R.S. § 13-4041
and Rule 6.8 if the defendant is determined
to be indigent. If the appointment is made by the presiding judge, a copy
of the court's order appointing counsel shall be filed in the Supreme
Upon the filing of a successive notice, the presiding judge shall
appoint the previous post-conviction counsel of the capital defendant
unless counsel is waived or good cause is shown to appoint another
qualified attorney from the list described in A.R.S. § 13-4041
On the first notice in capital cases, appointed counsel for the
defendant shall have one hundred twenty days from the filing of the
notice to file a petition raising claims under Rule 32.1. A capital
defendant proceeding without counsel shall have one hundred twenty days
from the filing of the notice to file a petition. On the filing of a
successive notice, appointed counsel, or the defendant if proceeding
without counsel, shall file the petition within thirty days from the
filing of the notice. On a showing of good cause, a defendant in a
capital case may be granted a sixty day extension in which to file the
petition. Additional extensions of thirty days may be granted for good
cause. If a petition for post-conviction relief is not filed within one
hundred and eighty days from the date of appointment of counsel, or one
hundred and eighty days from the date the notice is filed, or the date a
request for counsel is denied if the defendant is proceeding without
counsel, the defendant or counsel for the defendant shall file a notice
in the Supreme Court, advising the court of the status of the
proceedings. Thereafter, defendant or counsel for the defendant shall file
status reports in the Supreme Court every sixty days until the petition
for post-conviction relief is filed.
(2) Rule 32 of-right and non-capital cases.
Upon the filing of a
timely or first notice in a Rule 32 proceeding, the presiding judge, or
his or her designee, shall appoint counsel for the defendant within 15
days if requested and the defendant is determined to be indigent. Upon
the filing of all other notices in non-capital cases, the appointment of
counsel is within the discretion of the presiding judge. In non-capital
cases appointed counsel for the defendant shall have sixty days from the
date of appointment to file a petition raising claims under Rule 32.1. On
a showing of good cause, a defendant in a non-capital case may be granted
a thirty day extension within which to file the petition. Additional
extensions of thirty days shall be granted only upon a showing of
In a Rule 32 of-right proceeding, counsel shall investigate the
defendant's case for any and all colorable claims. If counsel determines
there are no colorable claims which can be raised on the defendant's
behalf, counsel shall file a notice advising the court of this
determination. Counsel's role is then limited to acting as advisory
counsel until the trial court's final determination. Upon receipt of the
notice, the court shall extend the time for filing a petition by the
defendant in propria persona. The extension shall be 45 days from the
date the notice is filed. Any extensions beyond the 45 days shall be
granted only upon a showing of extraordinary circumstances.
A defendant proceeding without counsel shall have sixty days to file a
petition from the date the notice is filed or from the date the request
for counsel is denied.
d. Transcript preparation.
If the trial court proceedings have
not been previously transcribed, the defendant may request on a form
provided by the clerk of court that certified transcripts be
prepared. The court shall expeditiously review the request and order only
those transcripts prepared that it deems necessary to resolve the issues
to be raised in the petition. The preparation of the transcripts shall be
at county expense if the defendant is indigent. The time for filing of
the petition shall be tolled from the time a request for the transcripts
is made until the transcripts are prepared or the request is denied.
Certified transcripts shall be prepared and filed within sixty days of
the order granting the request.
e. Assignment of judge.
The proceeding shall be assigned to the
sentencing judge where possible. If it appears that the sentencing
judge's testimony will be relevant, that judge shall transfer the case to
f. Stay of execution of death sentence; notification by Supreme Court.
If the defendant has received a sentence of death and the Supreme Court
has fixed the time for execution of the sentence, no stay of execution
shall be granted upon the filing of a successive petition except upon
separate application for a stay to the Supreme Court, setting forth with
particularity those issues not precluded under Rule 32.2. The Clerk of the
Supreme Court shall notify the defendant, the Attorney General, and the
Director of the State Department of Corrections of the granting of a
(Amended Oct. 21, 1980, effective Dec. 1, 1980; amended Oct. 11, 1989,
effective Dec. 1, 1989; amended June 2, 1992, effective Sept. 30, 1992;
amended Sept. 24, 1992, effective Sept. 30, 1992; amended Feb. 25, 1993;
amended July 28, 1993, effective Dec. 1, 1993; amended effective Oct.
31, 2000; amended May 31, 2002, effective June 1, 2002; amended by
R-05-0009, effective Dec. 1, 2005; amended effective January 1, 2007