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State v. Green

Court of Appeals of Arizona, First Division
Aug 1, 2024
1 CA-CR 23 0366 PRPC (Ariz. Ct. App. Aug. 1, 2024)

Opinion

1 CA-CR 23 0366 PRPC

08-01-2024

STATE OF ARIZONA, Respondent, v. ROBERT WILBUR GREEN, JR., Petitioner.

Maricopa County Attorney's Office, Phoenix By Philip Garrow Counsel for Respondent Robert Wilbur Green, Jr., 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Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court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. CR2017-142311-001 The Honorable Susanna C. Pineda, Judge

Maricopa County Attorney's Office, Phoenix By Philip Garrow Counsel for Respondent

Robert Wilbur Green, Jr., Florence Petitioner

Presiding Judge Brian Y. Furuya, Judge James B. Morse Jr., and Judge David D. Weinzweig delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Robert Wilbur Green, Jr. seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner'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 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 that petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.


Summaries of

State v. Green

Court of Appeals of Arizona, First Division
Aug 1, 2024
1 CA-CR 23 0366 PRPC (Ariz. Ct. App. Aug. 1, 2024)
Case details for

State v. Green

Case Details

Full title:STATE OF ARIZONA, Respondent, v. ROBERT WILBUR GREEN, JR., Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Aug 1, 2024

Citations

1 CA-CR 23 0366 PRPC (Ariz. Ct. App. Aug. 1, 2024)