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State v. Berry

Court of Appeals of Arizona, First Division
Oct 28, 2021
1 CA-CR 21-0345 PRPC (Ariz. Ct. App. Oct. 28, 2021)

Opinion

1 CA-CR 21-0345 PRPC

10-28-2021

STATE OF ARIZONA, Respondent, v. EDWIN TAYLOR BERRY, Petitioner.

Yavapai County Attorney's Office, Prescott By Joshua I. Fisher Counsel for Respondent Edwin Taylor Berry, Florence Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Yavapai County No. P1300CR201500825 The Honorable Krista M. Carman, Judge

Yavapai County Attorney's Office, Prescott

By Joshua I. Fisher

Counsel for Respondent

Edwin Taylor Berry, Florence

Petitioner

Presiding Judge D. Steven Williams, Judge David B. Gass, and Judge James B. Morse Jr. delivered the decision of the Court.

MEMORANDUM DECISION 1

PER CURIAM

¶1 Petitioner Edwin Taylor Berry seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's latest 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, 278 P.3d 1276, 1280 (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, 260 P.3d 1102, 1103 (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, the state's response, the petitioner's reply and the petition for review. The petitioner has failed to show an abuse of discretion.

¶4 For the foregoing reasons, this court grants review but denies relief. 2


Summaries of

State v. Berry

Court of Appeals of Arizona, First Division
Oct 28, 2021
1 CA-CR 21-0345 PRPC (Ariz. Ct. App. Oct. 28, 2021)
Case details for

State v. Berry

Case Details

Full title:STATE OF ARIZONA, Respondent, v. EDWIN TAYLOR BERRY, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Oct 28, 2021

Citations

1 CA-CR 21-0345 PRPC (Ariz. Ct. App. Oct. 28, 2021)