State v. Keeten

── State v. Keeten ── Court: Court of Appeals of Arizona Date: June 02, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Respondent, v. GREGERY MARTEL KEETEN, Petitioner. No. 1 CA-CR 25-0549 PRPC FILED 06-02-2026 Petition for Review from the Superior Court in Maricopa County No. CR2012-105544-003, CR2016-149044-001 The Honorable Jay R. Adleman, Judge REVIEW GRANTED; RELIEF DENIED COUNSEL Maricopa County Attorney’s Office, Phoenix By Philip D. Garrow Counsel for Respondent Gregery Martel Keeten, Florence Petitioner  STATE v. KEETEN Decision of the Court MEMORANDUM DECISION Judge Andrew J. Becke delivered the decision of the Court, in which Presiding Judge Samuel A. Thumma and Judge Kent E. Cattani joined. B E C K E, Judge: ¶1 Gregery Keeten petitions this court for review from the dismissal of his petition for post-conviction relief filed under Arizona Rule of Criminal Procedure 32. For the reasons below, we grant review but deny relief. FACTUAL AND PROCEDURAL HISTORY ¶2 In 2012, Keeten pled guilty to armed robbery in Maricopa County Superior Court Case No. CR2012-105544-003. The superior court suspended imposition of sentence and placed him on probation. In 2016, Keeten was charged with misconduct involving weapons in Maricopa County Superior Court Case No. CR2016-149044-001. The State arrested him, petitioned to revoke probation in the 2012 case, and held him in custody during the pendency of the 2016 case. A jury found Keeten guilty of the weapons charge in 2018 and found he was on felony probation when he committed the offense. After revoking Keeten’s probation for the armed robbery conviction because of the jury verdict, the superior court sentenced him to consecutive terms of four years’ imprisonment for the armed robbery conviction and 10 years’ imprisonment for the misconduct involving weapons conviction. See A.R.S. § 13-708(C), (E). The court awarded Keeten 1,037 days of presentence incarceration credit on the sentence for armed robbery and zero days of credit on the sentence for misconduct involving weapons. ¶3 Keeten appealed from his conviction and sentence for misconduct involving weapons, but he filed no separate appeal in the probation revocation case. We affirmed. State v. Keeten, 1 CA-CR 18-0525, 2019 WL 4644035 (Ariz. App. Sep. 24, 2019) (mem. decision). Keeten then filed a petition for post-conviction relief in the weapons case, which was also unsuccessful. State v. Keeten, 1 CA-CR 20-0420 PRPC, 2021 WL 982708 (Ariz. App. Mar. 16, 2021) (mem. decision). 2  STATE v. KEETEN Decision of the Court ¶4 In 2025, Keeten filed a notice and petition for post-conviction relief in both cases. Keeten asserted his sentences were illegal, violated due process, and caused him to be held in custody beyond sentence expiration because 643 days of presentence incarceration credit was wrongly applied to the armed robbery sentence in the probation revocation case rather than the misconduct involving weapons sentence imposed after trial. See Ariz. R. Crim. P. 32.1(a), (c), (d). The 643 days corresponded to the period Keeten spent in jail between his arrest on October 15, 2016, and sentencing on July 20, 2018. The superior court summarily dismissed the petition and denied Keeten’s motion for rehearing. ¶5 Keeten timely petitioned for review. In our discre