State v. Purcell
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The Supreme Court remanded these cases to the court of appeals dismissing these appeals for lack of jurisdiction, holding that these were direct appeals over which the court of appeals had jurisdiction pursuant to Ariz. Rev. Stat. 13-4033(A).
Petitioners were both sentenced to natural life for murders they committed when they were under the age of eighteen. After the Supreme Court decided Miller v. Alabama, 567 U.S. 460 (2012) Petitioners filed postconviction relief (PCR) petitions to vacate their sentences. The trial court resentenced Petitioners. Thereafter, the court vacated the resentencings, concluding that Miller did not apply. Petitioners appealed pursuant to section 13-4033(A)(3). The court of appeals dismissed the appeal for failure to comply with the petition for review procedures set forth in Ariz. R. Crim. P. 32.16(a)(1). The Supreme Court remanded the cases, holding that the court of appeals had jurisdiction over the appeals.
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