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State v. Arnold

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 2, 2019
No. 1 CA-CR 18-0768 PRPC (Ariz. Ct. App. Apr. 2, 2019)

Opinion

No. 1 CA-CR 18-0768 PRPC

04-02-2019

STATE OF ARIZONA, Respondent, v. FRANK JOHN ARNOLD, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Frank John Arnold, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2008-133258-001
The Honorable Kathleen H. Mead, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Diane Meloche
Counsel for Respondent

Frank John Arnold, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Diane M. Johnsen, Judge Michael J. Brown and Judge Jennifer M. Perkins delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Frank John Arnold 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 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 (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, 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. Petitioner has not established an abuse of discretion.

¶4 For the foregoing reasons, we grant review but deny relief.


Summaries of

State v. Arnold

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 2, 2019
No. 1 CA-CR 18-0768 PRPC (Ariz. Ct. App. Apr. 2, 2019)
Case details for

State v. Arnold

Case Details

Full title:STATE OF ARIZONA, Respondent, v. FRANK JOHN ARNOLD, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Apr 2, 2019

Citations

No. 1 CA-CR 18-0768 PRPC (Ariz. Ct. App. Apr. 2, 2019)

Citing Cases

State v. Arnold

We therefore treat Arnold's most recent petition, which the superior court denied in November 2023 and is the…