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State v. Mackey

ARIZONA COURT OF APPEALS DIVISION ONE
Jan 16, 2018
No. 1 CA-CR 17-0246 PRPC (Ariz. Ct. App. Jan. 16, 2018)

Opinion

No. 1 CA-CR 17-0246 PRPC

01-16-2018

STATE OF ARIZONA, Respondent, v. MARTWANE DESHAY MACKEY, Petitioner.

APPEARANCES Martwane Deshay Mackey, Florence Petitioner Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent


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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2011-132605-001
The Honorable Warren J. Granville, Judge

REVIEW GRANTED; RELIEF DENIED

APPEARANCES

Martwane Deshay Mackey, Florence
Petitioner

Maricopa County Attorney's Office, Phoenix
By Diane Meloche
Counsel for Respondent

MEMORANDUM DECISION

Presiding Judge James P. Beene, Judge Randall M. Howe and Judge Kent E. Cattani delivered the following decision.

PER CURIAM :

¶1 Petitioner Martwane Deshay Mackey 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 fourth petition for post-conviction relief.

¶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. Mackey

ARIZONA COURT OF APPEALS DIVISION ONE
Jan 16, 2018
No. 1 CA-CR 17-0246 PRPC (Ariz. Ct. App. Jan. 16, 2018)
Case details for

State v. Mackey

Case Details

Full title:STATE OF ARIZONA, Respondent, v. MARTWANE DESHAY MACKEY, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Jan 16, 2018

Citations

No. 1 CA-CR 17-0246 PRPC (Ariz. Ct. App. Jan. 16, 2018)