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State v. Arnold

Court of Appeals of Arizona, First Division
Oct 29, 2024
1 CA-CR 23-0532 PRPC (Ariz. Ct. App. Oct. 29, 2024)

Opinion

1 CA-CR 23-0532 PRPC

10-29-2024

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

Maricopa County Attorney's Office, Phoenix By Bradley F. Perry Counsel for Respondent Frank John Arnold, Florence Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2008-133258-001 The Honorable David J. Palmer, Judge

Maricopa County Attorney's Office, Phoenix By Bradley F. Perry Counsel for Respondent

Frank John Arnold, Florence Petitioner

Presiding Judge Michael J. Brown, Judge D. Steven Williams, and Judge Daniel J. Kiley delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Frank John Arnold seeks review of the superior court's order denying his third petition for post-conviction relief.

¶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, 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 petition for review, and the State's response. Petitioner has not established an abuse of discretion.

¶4 We grant review and deny relief.


Summaries of

State v. Arnold

Court of Appeals of Arizona, First Division
Oct 29, 2024
1 CA-CR 23-0532 PRPC (Ariz. Ct. App. Oct. 29, 2024)
Case details for

State v. Arnold

Case Details

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

Court:Court of Appeals of Arizona, First Division

Date published: Oct 29, 2024

Citations

1 CA-CR 23-0532 PRPC (Ariz. Ct. App. Oct. 29, 2024)