State v. Reed ( 2022 )


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  •                      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    UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
    MICHAEL REED, Petitioner.
    No. 1 CA-CR 21-0582 PRPC
    FILED 5-3-2022
    Petition for Review from the Superior Court in Mohave County
    No. CR2018-00856
    The Honorable Richard D. Lambert, Judge
    REVIEW GRANTED; RELIEF DENIED
    COUNSEL
    Mohave County Attorney’s Office, Kingman
    By Matthew J. Smith
    Counsel for Respondent
    Michael Reed, San Luis
    Petitioner
    STATE v. REED
    Decision of the Court
    MEMORANDUM DECISION
    Presiding Judge Maria Elena Cruz, Judge Samuel A. Thumma, and Judge
    Michael J. Brown delivered the decision of the Court.
    PER CURIAM:
    ¶1            Petitioner Michael Reed seeks review of the superior court’s
    order denying his petition for post-conviction relief. This is petitioner’s
    third successive petition.
    ¶2             Absent an abuse of discretion or error of law, this court will
    not disturb a superior court’s ruling on a petition for post-conviction relief.
    State v. Gutierrez, 
    229 Ariz. 573
    , 577, ¶ 19 (2012). It is petitioner’s burden to
    show that the superior court abused its discretion by denying the petition
    for post-conviction relief. See State v. Poblete, 
    227 Ariz. 537
    , ¶ 1 (App. 2011)
    (petitioner has burden of establishing abuse of discretion on review).
    ¶3            We have reviewed the record in this matter, the superior
    court’s order denying the petition for post-conviction relief, and the petition
    for review. We find that petitioner has not established an abuse of
    discretion.
    ¶4            We grant review and deny relief.
    AMY M. WOOD • Clerk of the Court
    FILED: AA
    2
    

Document Info

Docket Number: 1 CA-CR 21-0582-PRPC

Filed Date: 5/3/2022

Precedential Status: Non-Precedential

Modified Date: 5/3/2022