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State v. Keyser

Court of Appeals of Arizona, First Division
Nov 1, 2022
1 CA-CR 21-0579 PRPC (Ariz. Ct. App. Nov. 1, 2022)

Opinion

1 CA-CR 21-0579 PRPC

11-01-2022

STATE OF ARIZONA, Respondent, v. MATTHEW GARY KEYSER, Petitioner.

Navajo County Attorney's Office, Holbrook By Bradley W. Carlyon Counsel for Respondent Matthew Gary Keyser, Florence Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Navajo County No. S0900CR201600490 The Honorable Dale P. Nielson, Judge

Navajo County Attorney's Office, Holbrook By Bradley W. Carlyon Counsel for Respondent

Matthew Gary Keyser, Florence Petitioner

Presiding Judge David D. Weinzweig, Judge Brian Y. Furuya and Judge Jennifer M. Perkins delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Keyser 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, 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. Keyser

Court of Appeals of Arizona, First Division
Nov 1, 2022
1 CA-CR 21-0579 PRPC (Ariz. Ct. App. Nov. 1, 2022)
Case details for

State v. Keyser

Case Details

Full title:STATE OF ARIZONA, Respondent, v. MATTHEW GARY KEYSER, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Nov 1, 2022

Citations

1 CA-CR 21-0579 PRPC (Ariz. Ct. App. Nov. 1, 2022)