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State v. Fuelling

Court of Appeals of Arizona, First Division
Oct 19, 2023
1 CA-CR 23-0146 PRPC (Ariz. Ct. App. Oct. 19, 2023)

Opinion

1 CA-CR 23-0146 PRPC

10-19-2023

STATE OF ARIZONA, Respondent, v. ROBERT LOUIS FUELLING, Petitioner.

Maricopa County Attorney's Office, Phoenix By Christine A. Davis Counsel for Respondent Robert Louis Fuelling, Florence Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2018-118396-001 The Honorable Geoffrey H. Fish, Judge

Maricopa County Attorney's Office, Phoenix By Christine A. Davis Counsel for Respondent

Robert Louis Fuelling, Florence Petitioner

Vice Chief Judge Randall M. Howe, Judge Jennifer M. Perkins, and Judge Daniel J. Kiley delivered the decision of the court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Robert Louis Fuelling 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 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, the superior court's order denying the petition for post-conviction relief, the petition for review, and the response. We find that petitioner has not established an abuse of discretion.

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


Summaries of

State v. Fuelling

Court of Appeals of Arizona, First Division
Oct 19, 2023
1 CA-CR 23-0146 PRPC (Ariz. Ct. App. Oct. 19, 2023)
Case details for

State v. Fuelling

Case Details

Full title:STATE OF ARIZONA, Respondent, v. ROBERT LOUIS FUELLING, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Oct 19, 2023

Citations

1 CA-CR 23-0146 PRPC (Ariz. Ct. App. Oct. 19, 2023)