State v. Karban ( 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    UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
    STEPHEN FRANK KARBAN, Petitioner.
    No. 1 CA-CR 18-0483 PRPC
    FILED 9-25-2018
    Petition for Review from the Superior Court in Maricopa County
    No. CR2005-011629-001
    The Honorable Joan M. Sinclair, Judge
    REVIEW GRANTED; RELIEF DENIED
    COUNSEL
    Maricopa County Attorney’s Office, Phoenix
    By Diane Meloche
    Counsel for Respondent
    Stephen Frank Karban, Florence
    Petitioner
    MEMORANDUM DECISION
    Presiding Judge Kenton D. Jones, Vice Chief Judge Peter B. Swann, and
    Judge David D. Weinzweig delivered the decision of the Court.
    STATE v. KARBAN
    Decision of the Court
    P E R C U R I A M:
    ¶1           Stephen Karban seeks review of the superior court’s order
    dismissing his petition for post-conviction relief, filed pursuant to Arizona
    Rule of Criminal Procedure 32.1. This is the petitioner’s first 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
    , 576-77, ¶ 19 (2012). It is the petitioner’s
    burden to show that the superior court abused its discretion in denying the
    petition. See State v. Poblete, 
    227 Ariz. 537
    , 538, ¶ 1 (App. 2011).
    ¶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 the petitioner has not shown any abuse of
    discretion.
    ¶4            Accordingly, we grant review and deny relief.
    AMY M. WOOD • Clerk of the Court
    FILED: AA
    2
    

Document Info

Docket Number: 1 CA-CR 18-0483-PRPC

Filed Date: 9/25/2018

Precedential Status: Non-Precedential

Modified Date: 9/25/2018