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State v. Lindley

ARIZONA COURT OF APPEALS DIVISION ONE
Mar 29, 2018
No. 1 CA-CR 17-0442 PRPC (Ariz. Ct. App. Mar. 29, 2018)

Opinion

No. 1 CA-CR 17-0442 PRPC

03-29-2018

STATE OF ARIZONA, Respondent, v. ROBERT FRANCIS LINDLEY, JR., Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Robert E. Prather Counsel for Respondent Robert Francis Lindley, Jr., Buckeye 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR1989-009011
The Honorable Danielle J. Viola, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Robert E. Prather
Counsel for Respondent

Robert Francis Lindley, Jr., Buckeye
Petitioner

MEMORANDUM DECISION

Presiding Judge Diane M. Johnsen, Judge Kent E. Cattani and Judge Jennifer M. Perkins delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Robert Francis Lindley, Jr. 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 seventh 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, ¶ 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 For the foregoing reasons, we grant review and deny relief.


Summaries of

State v. Lindley

ARIZONA COURT OF APPEALS DIVISION ONE
Mar 29, 2018
No. 1 CA-CR 17-0442 PRPC (Ariz. Ct. App. Mar. 29, 2018)
Case details for

State v. Lindley

Case Details

Full title:STATE OF ARIZONA, Respondent, v. ROBERT FRANCIS LINDLEY, JR., Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Mar 29, 2018

Citations

No. 1 CA-CR 17-0442 PRPC (Ariz. Ct. App. Mar. 29, 2018)