From Casetext: Smarter Legal Research

State v. Duke

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 19, 2019
No. 1 CA-CR 19-0147 PRPC (Ariz. Ct. App. Nov. 19, 2019)

Opinion

No. 1 CA-CR 19-0147 PRPC

11-19-2019

STATE OF ARIZONA, Respondent, v. BRENT FITZGERALD DUKE, Petitioner.

APPEARANCES Coconino County Attorney's Office, Flagstaff By Mark D. Huston Counsel for Respondent Brent Fitzgerald Duke, Buckeye 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Navajo County
Nos. S0900CR201400538 S0900CR201500155 S0900CR201500407
The Honorable Ralph E. Hatch, Judge

REVIEW GRANTED; RELIEF DENIED

APPEARANCES

Coconino County Attorney's Office, Flagstaff
By Mark D. Huston
Counsel for Respondent

Brent Fitzgerald Duke, Buckeye
Petitioner

MEMORANDUM DECISION

Presiding Judge Jennifer B. Campbell delivered the decision of the Court, in which Judges Lawrence F. Winthrop and Michael J. Brown joined.

PER CURIAM:

¶1 Petitioner Brent Fitzgerald Duke 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, untimely petition for review.

¶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, 260 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, 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. Duke

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 19, 2019
No. 1 CA-CR 19-0147 PRPC (Ariz. Ct. App. Nov. 19, 2019)
Case details for

State v. Duke

Case Details

Full title:STATE OF ARIZONA, Respondent, v. BRENT FITZGERALD DUKE, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Nov 19, 2019

Citations

No. 1 CA-CR 19-0147 PRPC (Ariz. Ct. App. Nov. 19, 2019)