State v. Hartline ( 2021 )


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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    UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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 ANDREW HARTLINE, Petitioner.
    No. 1 CA-CR 20-0469 PRPC
    FILED 4-6-2021
    Petition for Review from the Superior Court in Maricopa County
    No. CR2009-107852-001
    The Honorable Connie Contes, Judge
    REVIEW GRANTED; RELIEF DENIED
    COUNSEL
    Maricopa County Attorney’s Office, Phoenix
    By Amanda M. Parker
    Counsel for Respondent
    Michael Andrew Hartline, Kingman
    Petitioner
    STATE v. HARTLINE
    Decision of the Court
    MEMORANDUM DECISION
    Presiding Judge Paul J. McMurdie, Judge Cynthia J. Bailey, and Judge
    Lawrence F. Winthrop delivered the following decision.
    PER CURIAM:
    ¶1             Petitioner Michael Andrew Hartline 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 the
    petitioner’s first 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 the 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 the petitioner has not established an abuse of discretion.
    ¶4            We grant review but deny relief.
    AMY M. WOOD • Clerk of the Court
    FILED: AA
    2
    

Document Info

Docket Number: 1 CA-CR 20-0469-PRPC

Filed Date: 4/6/2021

Precedential Status: Non-Precedential

Modified Date: 4/6/2021