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State v. Miller

Court of Appeals of Arizona, First Division
Oct 19, 2023
1 CA-CR 23-0023 PRPC (Ariz. Ct. App. Oct. 19, 2023)

Opinion

1 CA-CR 23-0023 PRPC

10-19-2023

STATE OF ARIZONA, Respondent, v. WILLIAM CRAIG MILLER, Petitioner.

Maricopa County Attorney's Office, Phoenix By Faith Cheree Klepper Counsel for Respondent Tamara D. Brooks-Primera, Scottsdale By Law Office of Tamara Brooks-Primera Co-counsel for Petitioner Maricopa County Office of the Legal Advocate, Phoenix By Kerri L. Chamberlin Co-counsel for Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2005-140129-001 The Honorable Geoffrey H. Fish, Judge

Maricopa County Attorney's Office, Phoenix By Faith Cheree Klepper Counsel for Respondent

Tamara D. Brooks-Primera, Scottsdale By Law Office of Tamara Brooks-Primera Co-counsel for Petitioner

Maricopa County Office of the Legal Advocate, Phoenix By Kerri L. Chamberlin Co-counsel for Petitioner

Vice Chief Judge Randall M. Howe, Judge Jennifer M. Perkins, and Judge Daniel J. Kiley delivered the decision of the court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner William Craig Miller 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 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, 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, the petition for review, and the response. 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. Miller

Court of Appeals of Arizona, First Division
Oct 19, 2023
1 CA-CR 23-0023 PRPC (Ariz. Ct. App. Oct. 19, 2023)
Case details for

State v. Miller

Case Details

Full title:STATE OF ARIZONA, Respondent, v. WILLIAM CRAIG MILLER, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Oct 19, 2023

Citations

1 CA-CR 23-0023 PRPC (Ariz. Ct. App. Oct. 19, 2023)