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State v. Eisenmann

Court of Appeals of Arizona, First Division
May 11, 2023
1 CA-CR 22-0514 PRPC (Ariz. Ct. App. May. 11, 2023)

Opinion

1 CA-CR 22-0514 PRPC

05-11-2023

STATE OF ARIZONA, Respondent, v. GARY LANE EISENMANN, Petitioner.

Maricopa County Attorney's Office, Phoenix By Daniel Strange Counsel for Respondent Gary Lane Eisenmann, Eloy Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County Nos. CR2012-009381-001, CR2014-001133-001 The Honorable Kathleen H. Mead, Judge (Retired)

COUNSEL

Maricopa County Attorney's Office, Phoenix By Daniel Strange Counsel for Respondent

Gary Lane Eisenmann, Eloy Petitioner

REVIEW GRANTED; RELIEF DENIED

Presiding Judge Jennifer M. Perkins, Judge Angela K. Paton, and Judge D. Steven Williams delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Gary Lane Eisenmann 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 his 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, as well as the superior court's order dismissing the petition for post-conviction, the petition, response, reply, and additional related filings. Petitioner has not established an abuse of discretion.

¶4 For the foregoing reasons, we grant review but deny relief.


Summaries of

State v. Eisenmann

Court of Appeals of Arizona, First Division
May 11, 2023
1 CA-CR 22-0514 PRPC (Ariz. Ct. App. May. 11, 2023)
Case details for

State v. Eisenmann

Case Details

Full title:STATE OF ARIZONA, Respondent, v. GARY LANE EISENMANN, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: May 11, 2023

Citations

1 CA-CR 22-0514 PRPC (Ariz. Ct. App. May. 11, 2023)