Utah Supreme Court September 23, 2005, 20040722 (Adams v. State)

DURHAM, Chief Justice:

¶ 1 Nealy W. Adams appeals the district court’s dismissal of his petition for postcon-viction relief as untimely under Utah Code section 78-35a-107(l). We reverse and remand.

BACKGROUND

¶ 2 Adams was charged with one count of rape and one count of forcible sexual abuse, based on his alleged rape of his girlfriend’s adult daughter, who had Down Syndrome.