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State v. Jacobson

Court of Appeals of Arizona, First Division
Jun 29, 2023
1 CA-CR 22-0031 PRPC (Ariz. Ct. App. Jun. 29, 2023)

Opinion

1 CA-CR 22-0031 PRPC

06-29-2023

STATE OF ARIZONA, Respondent, v. SUSAN JOY JACOBSON, Petitioner.

Coconino County Attorney's Office, Flagstaff By Heather A. Mosher Counsel for Respondent Law Offices of Robert J. McWhirter, Tempe By Robert J. McWhirter Co-Counsel for Petitioner Kimerer Law Group, PC, Phoenix By Michael D. Kimerer Co-Counsel for Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Coconino County No. S0300CR201500613 The Honorable Cathleen Brown Nichols, Judge

Coconino County Attorney's Office, Flagstaff By Heather A. Mosher Counsel for Respondent

Law Offices of Robert J. McWhirter, Tempe By Robert J. McWhirter Co-Counsel for Petitioner

Kimerer Law Group, PC, Phoenix By Michael D. Kimerer Co-Counsel for Petitioner

Presiding Judge Cynthia J. Bailey, Judge Jennifer B. Campbell, and Judge David D. Weinzweig delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Susan Joy Jacobson seeks review of the superior court's order denying her 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, 278 P.3d 1276, 1280 (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, 260 P.3d 1102, 1103 (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. Jacobson

Court of Appeals of Arizona, First Division
Jun 29, 2023
1 CA-CR 22-0031 PRPC (Ariz. Ct. App. Jun. 29, 2023)
Case details for

State v. Jacobson

Case Details

Full title:STATE OF ARIZONA, Respondent, v. SUSAN JOY JACOBSON, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Jun 29, 2023

Citations

1 CA-CR 22-0031 PRPC (Ariz. Ct. App. Jun. 29, 2023)