State v. Brandon ( 2018 )


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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    UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
    HENRY DUANE BRANDON, Petitioner.
    No. 1 CA-CR 18-0412 PRPC
    FILED 9-11-2018
    Appeal from the Superior Court in Maricopa County
    No. CR2006-135632-001
    The Honorable Peter A. Thompson, Judge
    REVIEW GRANTED AND RELIEF DENIED
    COUNSEL
    Maricopa County Attorney’s Office, Phoenix
    By Diane Meloche
    Counsel for Respondent
    Henry Duane Brandon, Florence
    Petitioner
    MEMORANDUM DECISION
    Presiding Judge Randall M. Howe, Judge Jennifer M. Perkins, and Judge
    Peter B. Swann delivered the decision of the Court.
    STATE v. BRANDON
    Decision of the Court
    PER CURIAM:
    ¶1            Petitioner Henry Duane Brandon seeks review of the superior
    court’s order denying his petition for post-conviction relief, filed pursuant
    to Arizona Rule of Criminal Procedure 32.1. This is petitioner’s second,
    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
    , 538 ¶ 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            For the foregoing reasons, we grant review and deny relief.
    AMY M. WOOD • Clerk of the Court
    FILED: AA
    2
    

Document Info

Docket Number: 1 CA-CR 18-0412-PRPC

Filed Date: 9/11/2018

Precedential Status: Non-Precedential

Modified Date: 4/18/2021