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State v. Ashby

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 21, 2019
No. 1 CA-CR 19-0153 PRPC (Ariz. Ct. App. Nov. 21, 2019)

Opinion

No. 1 CA-CR 19-0153 PRPC

11-21-2019

STATE OF ARIZONA, Respondent, v. RICHARD H ASHBY, III, Petitioner.

COUNSEL Yavapai County Attorney's Office, Prescott By Sheila Sullivan Polk Counsel for Respondent Richard H. Ashby, III, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Appeal from the Superior Court in Yavapai County
No. P1300CR940155
P1300CV201900045
The Honorable Tina R. Ainley, Judge

REVIEW GRANTED AND RELIEF DENIED

COUNSEL

Yavapai County Attorney's Office, Prescott
By Sheila Sullivan Polk
Counsel for Respondent

Richard H. Ashby, III, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Randall M. Howe, Judge David D. Weinzweig, and Judge David B. Gass delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Richard H. Ashby, III, 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, 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 (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. We find that petitioner has not established an abuse of discretion.

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


Summaries of

State v. Ashby

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 21, 2019
No. 1 CA-CR 19-0153 PRPC (Ariz. Ct. App. Nov. 21, 2019)
Case details for

State v. Ashby

Case Details

Full title:STATE OF ARIZONA, Respondent, v. RICHARD H ASHBY, III, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Nov 21, 2019

Citations

No. 1 CA-CR 19-0153 PRPC (Ariz. Ct. App. Nov. 21, 2019)