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State v. Chan

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 1, 2021
No. 1 CA-CR 20-0435 PRPC (Ariz. Ct. App. Apr. 1, 2021)

Opinion

No. 1 CA-CR 20-0435 PRPC

04-01-2021

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

COUNSEL Sophann Chan, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2012-107625-001
The Honorable Dewain D. Fox, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Sophann Chan, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Jennifer M. Perkins, Judge Randall M. Howe and Judge Maria Elena Cruz delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Sophann Chan 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 first 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. Chan

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 1, 2021
No. 1 CA-CR 20-0435 PRPC (Ariz. Ct. App. Apr. 1, 2021)
Case details for

State v. Chan

Case Details

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

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Apr 1, 2021

Citations

No. 1 CA-CR 20-0435 PRPC (Ariz. Ct. App. Apr. 1, 2021)