State v. McNeill ( 2023 )

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
ERIC GEORGE MCNEILL, Petitioner.
No. 1 CA-CR 22-0394 PRPC
FILED 3-21-2023
Petition for Review from the Superior Court in Yavapai County
No. P1300CR201201092
The Honorable Debra R. Phelan, Judge Pro Tempore
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Yavapai County Attorney’s Office, Prescott
By Steven J. Sisneros
Counsel for Respondent
Eric George McNeill, Kingman
Petitioner
STATE v. MCNEILL
Decision of the Court
MEMORANDUM DECISION
Presiding Judge Samuel A. Thumma, Judge Randall M. Howe, and Judge
Anni Hill Foster delivered the following decision.
PER CURIAM:
¶1 Petitioner Eric George McNeill 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 McNeill’s first petition.
¶2 Absent an abuse of discretion or legal error, this court will not
disturb a superior court’s ruling on a petition for post-conviction relief. See
State v. Gutierrez, 229 Ariz. 573, 577 ¶ 19 (2012). Petitioner has the burden to
show that the superior court erred in denying the petition for post-
conviction relief. See State v. Poblete, 227 Ariz. 537, 538 ¶ 1 (App. 2011).
¶3 This court has reviewed the record in this matter, the order
denying the petition for post-conviction relief and the petition for review.
This court finds the petitioner has not established error.
¶4 This court grants review but denies relief.
AMY M. WOOD • Clerk of the Court
FILED: AA
2