State v. Valenzuela

FELDMAN, Justice.

The state petitions us to review a decision of the court of appeals ordering the State Department of Corrections (DOC) to release Jose Antonio Valenzuela (respondent) from custody. The case arose from the trial court’s denial of Valenzuela’s petition for post-conviction relief under Rule 32, Ariz.R.Crim.P., 17 A.R.S. Valenzuela petitioned the court of appeals for review pursuant to Rule 32.9(c), id. The petition for review was granted by the court of appeals, which, without briefing or argument, ordered petitioner’s release from custody because DOC had “improperly forfeited”…