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State v. Maguire

ARIZONA COURT OF APPEALS DIVISION ONE
Sep 13, 2018
No. 1 CA-CR 18-0462 PRPC (Ariz. Ct. App. Sep. 13, 2018)

Opinion

No. 1 CA-CR 18-0462 PRPC

09-13-2018

STATE OF ARIZONA, Respondent, v. ANTHONY WOOD MAGUIRE, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Droban & Company, P.C., Anthem By Kerrie M. Droban Counsel for 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2015-112642-002
The Honorable Annielaurie Van Wie, Judge Pro Tempore

REVIEW GRANTED; RELIEF DENIED

COUNSEL

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

Droban & Company, P.C., Anthem
By Kerrie M. Droban
Counsel for Petitioner

MEMORANDUM DECISION

Presiding Judge Kenton D. Jones, Judge Michael J. Brown, and Judge Jon W. Thompson delivered the decision of the Court.

PER CURIAM:

¶1 Anthony Maguire seeks review of the superior court's order dismissing his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is the 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, 576-77, ¶ 19 (2012). It is the petitioner's burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).

¶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 the petitioner has not shown any abuse of discretion.

¶4 Accordingly, we grant review and deny relief.


Summaries of

State v. Maguire

ARIZONA COURT OF APPEALS DIVISION ONE
Sep 13, 2018
No. 1 CA-CR 18-0462 PRPC (Ariz. Ct. App. Sep. 13, 2018)
Case details for

State v. Maguire

Case Details

Full title:STATE OF ARIZONA, Respondent, v. ANTHONY WOOD MAGUIRE, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Sep 13, 2018

Citations

No. 1 CA-CR 18-0462 PRPC (Ariz. Ct. App. Sep. 13, 2018)

Citing Cases

State v. Maguire

This court denied relief on review. State v. Maguire, No. 1 CA-CR 18-0462 (Ariz. App. Sept. 13, 2018) (mem.…