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State v. Luke

Court of Appeals of Arizona, First Division
Nov 15, 2022
1 CA-CR 22-0079 PRPC (Ariz. Ct. App. Nov. 15, 2022)

Opinion

1 CA-CR 22-0079 PRPC

11-15-2022

STATE OF ARIZONA, Respondent, v. ROBERT LANE LUKE, Petitioner.

Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent Robert Lane Luke, Kingman Petitioner


Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2017-116639-001 The Honorable Michael S. Mandell, Judge

Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent

Robert Lane Luke, Kingman Petitioner

Presiding Judge Maria Elena Cruz, Judge Angela K. Paton, and Judge Peter B. Swann delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Robert Lane Luke seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's second successive 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 and deny relief.


Summaries of

State v. Luke

Court of Appeals of Arizona, First Division
Nov 15, 2022
1 CA-CR 22-0079 PRPC (Ariz. Ct. App. Nov. 15, 2022)
Case details for

State v. Luke

Case Details

Full title:STATE OF ARIZONA, Respondent, v. ROBERT LANE LUKE, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Nov 15, 2022

Citations

1 CA-CR 22-0079 PRPC (Ariz. Ct. App. Nov. 15, 2022)