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State v. Dikes

Court of Appeals of Arizona, First Division
Jan 20, 2022
1 CA-CR 21-0170 PRPC (Ariz. Ct. App. Jan. 20, 2022)

Opinion

1 CA-CR 21-0170 PRPC

01-20-2022

STATE OF ARIZONA, Respondent, v. DENNIS L. DIKES, II, Petitioner.

Navajo County Attorney's Office, Holbrook By Michael Shumway Counsel for Respondent Dennis L. Dikes, II, Florence Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Navajo County No. CR20010192 The Honorable Melinda K. Hardy, Judge

REVIEW GRANTED; RELIEF DENIED

Navajo County Attorney's Office, Holbrook By Michael Shumway Counsel for Respondent

Dennis L. Dikes, II, Florence Petitioner

Presiding Judge Peter B. Swann, Judge David D. Weinzweig and Judge Paul J. McMurdie delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Dennis L. Dikes, II, seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's third 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, ¶ 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 We grant review and deny relief.


Summaries of

State v. Dikes

Court of Appeals of Arizona, First Division
Jan 20, 2022
1 CA-CR 21-0170 PRPC (Ariz. Ct. App. Jan. 20, 2022)
Case details for

State v. Dikes

Case Details

Full title:STATE OF ARIZONA, Respondent, v. DENNIS L. DIKES, II, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Jan 20, 2022

Citations

1 CA-CR 21-0170 PRPC (Ariz. Ct. App. Jan. 20, 2022)