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State v. Moss

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 19, 2019
No. 1 CA-CR 19-0177 PRPC (Ariz. Ct. App. Nov. 19, 2019)

Opinion

No. 1 CA-CR 19-0177 PRPC

11-19-2019

STATE OF ARIZONA, Respondent, v. PAUL EDWARD MOSS, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Andrea L. Kever Counsel for Respondent Paul Edward Moss, Florence 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR0000-120618
The Honorable Stephen M. Hopkins, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Andrea L. Kever
Counsel for Respondent

Paul Edward Moss, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Kenton D. Jones, Judge James B. Morse Jr. and Judge Diane M. Johnsen delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Paul Edward Moss 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 second 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. Petitioner has not established an abuse of discretion.

¶4 For the foregoing reasons, we grant review but deny relief.


Summaries of

State v. Moss

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 19, 2019
No. 1 CA-CR 19-0177 PRPC (Ariz. Ct. App. Nov. 19, 2019)
Case details for

State v. Moss

Case Details

Full title:STATE OF ARIZONA, Respondent, v. PAUL EDWARD MOSS, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Nov 19, 2019

Citations

No. 1 CA-CR 19-0177 PRPC (Ariz. Ct. App. Nov. 19, 2019)

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