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STATE v. PURCELL

Nos. CR-21-0398-PR CR-21-0400-PR (Consolidated).

526 P.3d 146 (2023)

STATE of Arizona, Respondent, v. Bobby Charles PURCELL, Petitioner. State of Arizona, Appellee, v. Scott Lee DeShaw, Appellant.

Supreme Court of Arizona.

Filed April 3, 2023.

Attorney(s) appearing for the Case

Rachel H. Mitchell , Maricopa County Attorney, Julie A. Done (argued), Deputy County Attorney, Eric Basta , Deputy County Attorney, Phoenix, Attorneys for State of Arizona.

Gary Kula , Maricopa County Public Defender, Kevin D. Heade (argued), Deputy Public Defender, Tara R. DeGeorge , Deputy Public Defender, Phoenix, Attorneys for Bobby Charles Purcell and Scott Lee DeShaw.

Kristin K. Mayes , Arizona Attorney General, Joshua Bendor , Solicitor General, Alice Jones , Deputy Solicitor General, Chief Counsel of Criminal Appeals Section, Celeste Kinney , Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General.

JUSTICE BOLICK authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER and JUSTICES BEENE and KING joined.

¶1 We hold in these consolidated cases that the court of appeals erred by concluding it did not have appellate jurisdiction over the dismissal of resentencing proceedings. The United States Supreme Court ordered the resentencings, but the trial court dismissed them following a subsequent Supreme Court decision...

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