Opinion
No. 1 CA-CR 20-0056 PRPC
09-24-2020
STATE OF ARIZONA, Respondent, v. TYEREL DARNEL LUKE, Petitioner.
APPEARANCES Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent Tyerel Darnel Luke, Florence Petitioner
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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. Petition for Review from the Superior Court in Maricopa County
No. CR 1995-008176
The Honorable Stephen M. Hopkins, Judge
REVIEW GRANTED; RELIEF DENIED
APPEARANCES Maricopa County Attorney's Office, Phoenix
By Amanda M. Parker
Counsel for Respondent Tyerel Darnel Luke, Florence
Petitioner
MEMORANDUM DECISION
Presiding Judge Jennifer B. Campbell, Judge Lawrence F. Winthrop, and Chief Judge Peter B. Swann delivered the decision of the Court. PER CURIAM:
Chief Judge Peter B. Swann replaces the Honorable Kenton D. Jones, who was originally assigned to this panel. --------
¶1 Petitioner Tyerel Darnel Luke 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 petitioner's fifth 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 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 (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.