State v. Fisher

Full title: STATE OF ARIZONA, Respondent, v. JUSTIN JOHN FISHER, Petitioner.

Court: Court of Appeals of Arizona, First Division

Date published: Mar 21, 2023

1 CA-CR 22-0404 PRPC (Ariz. Ct. App. Mar. 21, 2023)

Opinion

1 CA-CR 22-0404 PRPC

03-21-2023

STATE OF ARIZONA, Respondent, v. JUSTIN JOHN FISHER, Petitioner.

Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent Justin John Fisher, Kingman Petitioner.

PER CURIAM:

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2014-002573-001 The Honorable Sam J. Myers, Judge

COUNSEL

Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent

Justin John Fisher, Kingman Petitioner.

Presiding Judge Samuel A. Thumma, Judge Randall M. Howe, and Judge Anni Hill Foster delivered the following decision.

MEMORANDUM DECISION

PER CURIAM:

¶1 Petitioner Justin John Fisher 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 Fisher's first petition.

¶2 Absent an abuse of discretion or legal error, this court will not disturb a superior court's ruling on a petition for post-conviction relief. See State v. Gutierrez, 229 Ariz. 573, 577 ¶ 19 (2012). Petitioner has the burden to show that the superior court erred in denying the petition for postconviction relief. See State v. Poblete, 227 Ariz. 537, 538 ¶ 1 (App. 2011).

¶3 This court has reviewed the record in this matter, the order denying the petition for post-conviction relief and the petition for review. This court finds the petitioner has not established error.

¶4 This court grants review but denies relief.