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State v. Montag

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 1, 2016
No. 1 CA-CR 14-0660 PRPC (Ariz. Ct. App. Nov. 1, 2016)

Opinion

No. 1 CA-CR 14-0660 PRPC

11-01-2016

STATE OF ARIZONA, Respondent, v. DANIEL W. MONTAG, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Daniel W. Montag, Florence Petitioner Pro Se


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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Petition for Review from the Superior Court in Maricopa County
No. CR 1997-006910
The Honorable Sam J. Myers, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Diane Meloche
Counsel for Respondent

Daniel W. Montag, Florence
Petitioner Pro Se

MEMORANDUM DECISION

Judge Jon W. Thompson delivered the decision of the Court, in which Presiding Judge Diane M. Johnsen and Chief Judge Michael J. Brown joined.

THOMPSON, Judge:

¶1 Petitioner Daniel W. Montag petitions this court for review from the summary dismissal of his second petition for post-conviction relief. In 1998, Montag pled guilty to sexual conduct with a minor and attempted sexual conduct with a minor, both dangerous crimes against children. The superior court sentenced Montag to eighteen years imprisonment for sexual conduct with a minor followed by community supervision upon his release. The court placed Montag on lifetime probation for attempted sexual conduct with a minor.

¶2 Montag argues the superior court erred when it required Montag to serve a term of community supervision upon release for one count and at the same time placed Montag on lifetime probation for another count. This claim is precluded because Montag could have raised this issue in a timely petition for post-conviction relief of-right in 1998. Ariz. R. Crim. P. 32.2(a). None of the exceptions under Rule 32.2(b) apply and Montag's lack of familiarity with the law is not a valid excuse.

¶3 We grant review and deny relief.


Summaries of

State v. Montag

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 1, 2016
No. 1 CA-CR 14-0660 PRPC (Ariz. Ct. App. Nov. 1, 2016)
Case details for

State v. Montag

Case Details

Full title:STATE OF ARIZONA, Respondent, v. DANIEL W. MONTAG, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Nov 1, 2016

Citations

No. 1 CA-CR 14-0660 PRPC (Ariz. Ct. App. Nov. 1, 2016)