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State v. Diehl

ARIZONA COURT OF APPEALS DIVISION ONE
Jan 22, 2019
No. 1 CA-CR 18-0632 PRPC (Ariz. Ct. App. Jan. 22, 2019)

Opinion

No. 1 CA-CR 18-0632 PRPC

01-22-2019

STATE OF ARIZONA, Respondent, v. RANDY S. DIEHL, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Jeffrey R. Duvendack Counsel for Respondent Randy S. Diehl, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2015-001922-001
The Honorable Colleen L. French, Judge Pro Tem

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Jeffrey R. Duvendack
Counsel for Respondent

Randy S. Diehl, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Kenton D. Jones, Vice Chief Judge Peter B. Swann, and Judge David D. Weinzweig delivered the decision of the Court.

PER CURIAM :

¶1 Randy Diehl seeks review of the superior court's order dismissing his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is the 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, 576-77, ¶ 19 (2012). It is the petitioner's burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).

¶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 the petitioner has not shown any abuse of discretion.

¶4 Accordingly, we grant review and deny relief.


Summaries of

State v. Diehl

ARIZONA COURT OF APPEALS DIVISION ONE
Jan 22, 2019
No. 1 CA-CR 18-0632 PRPC (Ariz. Ct. App. Jan. 22, 2019)
Case details for

State v. Diehl

Case Details

Full title:STATE OF ARIZONA, Respondent, v. RANDY S. DIEHL, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Jan 22, 2019

Citations

No. 1 CA-CR 18-0632 PRPC (Ariz. Ct. App. Jan. 22, 2019)