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State v. Chan

Court of Appeals of Arizona, First Division
Jul 27, 2021
1 CA-CR 21-0019 PRPC (Ariz. Ct. App. Jul. 27, 2021)

Opinion

1 CA-CR 21-0019 PRPC

07-27-2021

STATE OF ARIZONA, Respondent, v. SOPHANN CHAN, Petitioner.

Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent Sophann Chan, Florence Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CR2012-107625-001 The Honorable Adam D. Driggs, Judge.

Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent

Sophann Chan, Florence Petitioner

Presiding Judge Peter B. Swann delivered the decision of the Court, in which Judge David D. Weinzweig and Judge Paul J. McMurdie joined.

MEMORANDUM DECISION

PER CURIAM.

¶1 Petitioner Sophann Chan seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's second 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, and the petition for review. We find that petitioner has not established an abuse of discretion.

¶4 We grant review and deny relief.


Summaries of

State v. Chan

Court of Appeals of Arizona, First Division
Jul 27, 2021
1 CA-CR 21-0019 PRPC (Ariz. Ct. App. Jul. 27, 2021)
Case details for

State v. Chan

Case Details

Full title:STATE OF ARIZONA, Respondent, v. SOPHANN CHAN, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Jul 27, 2021

Citations

1 CA-CR 21-0019 PRPC (Ariz. Ct. App. Jul. 27, 2021)