From Casetext: Smarter Legal Research

State v. Espy

Court of Appeals of Arizona, First Division
Jan 20, 2022
1 CA-CR 21-0166 PRPC (Ariz. Ct. App. Jan. 20, 2022)

Opinion

1 CA-CR 21-0166 PRPC

01-20-2022

STATE OF ARIZONA, Respondent, v. WILLIAM ESPY, Petitioner.

Maricopa County Attorney's Office, Phoenix By Daniel Strange Counsel for Respondent Brown & Little, P.L.C., Chandler By Matthew O. Brown Counsel for Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2016-122639-001 The Honorable Lauren R. Guyton, Judge Pro Tempore

REVIEW GRANTED; RELIEF DENIED

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

Brown & Little, P.L.C., Chandler By Matthew O. Brown Counsel for 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 William Espy seeks review of the superior court's order denying his petition for post-conviction relief. This is 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, 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. Espy

Court of Appeals of Arizona, First Division
Jan 20, 2022
1 CA-CR 21-0166 PRPC (Ariz. Ct. App. Jan. 20, 2022)
Case details for

State v. Espy

Case Details

Full title:STATE OF ARIZONA, Respondent, v. WILLIAM ESPY, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Jan 20, 2022

Citations

1 CA-CR 21-0166 PRPC (Ariz. Ct. App. Jan. 20, 2022)