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State v. Isabel

ARIZONA COURT OF APPEALS DIVISION ONE
Oct 31, 2019
No. 1 CA-CR 19-0176 PRPC (Ariz. Ct. App. Oct. 31, 2019)

Opinion

No. 1 CA-CR 19-0176 PRPC

10-31-2019

STATE OF ARIZONA, Respondent, v. GARY EUGENE ISABEL, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Andrea L. Kever Counsel for Respondent Gary Eugene Isabel, Florence Petitioner


NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Petition for Review from the Superior Court in Maricopa County
No. CR2002-007229
The Honorable George H. Foster Jr., Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Andrea L. Kever
Counsel for Respondent

Gary Eugene Isabel, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Kenton D. Jones, Judge James B. Morse Jr., and Judge Diane M. Johnsen delivered the decision of the Court.

PER CURIAM:

¶1 Gary Isabel 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 the latest of at least six successive petitions.

¶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, 576-77, ¶ 19 (2012). It is the petitioner's burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).

¶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 the petitioner has not shown any abuse of discretion.

¶4 Accordingly, we grant review and deny relief.


Summaries of

State v. Isabel

ARIZONA COURT OF APPEALS DIVISION ONE
Oct 31, 2019
No. 1 CA-CR 19-0176 PRPC (Ariz. Ct. App. Oct. 31, 2019)
Case details for

State v. Isabel

Case Details

Full title:STATE OF ARIZONA, Respondent, v. GARY EUGENE ISABEL, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Oct 31, 2019

Citations

No. 1 CA-CR 19-0176 PRPC (Ariz. Ct. App. Oct. 31, 2019)