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State v. Dunnings

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 23, 2019
No. 1 CA-CR 18-0793 PRPC (Ariz. Ct. App. Apr. 23, 2019)

Opinion

No. 1 CA-CR 18-0793 PRPC

04-23-2019

STATE OF ARIZONA, Respondent, v. LESTER ALEXANDER DUNNINGS JR., Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Lester Alexander Dunnings Jr., Stafford 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2011-005457-001
The Honorable Teresa A. Sanders, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Diane Meloche
Counsel for Respondent

Lester Alexander Dunnings Jr., Stafford
Petitioner

MEMORANDUM DECISION

Presiding Judge Paul J. McMurdie, Judge Randall M. Howe, and Judge Jennifer B. Campbell delivered the following decision.

PER CURIAM:

¶1 Petitioner Lester Alexander Dunnings Jr. 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 Dunnings's second 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 the 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 the petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.


Summaries of

State v. Dunnings

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 23, 2019
No. 1 CA-CR 18-0793 PRPC (Ariz. Ct. App. Apr. 23, 2019)
Case details for

State v. Dunnings

Case Details

Full title:STATE OF ARIZONA, Respondent, v. LESTER ALEXANDER DUNNINGS JR., Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Apr 23, 2019

Citations

No. 1 CA-CR 18-0793 PRPC (Ariz. Ct. App. Apr. 23, 2019)