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State v. Nelson

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 4, 2019
No. 1 CA-CR 18-0788 PRPC (Ariz. Ct. App. Apr. 4, 2019)

Opinion

No. 1 CA-CR 18-0788 PRPC

04-04-2019

STATE OF ARIZONA, Respondent, v. MARCUS D. NELSON, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Marcus D. Nelson, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2002-093846
The Honorable Ronda R. Fisk, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

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

Marcus D. Nelson, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Lawrence F. Winthrop, Judge Maria Elena Cruz, and Judge Kenton D. Jones delivered the decision of the Court.

PER CURIAM :

¶1 Petitioner Marcus D. Nelson 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 third 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 but deny relief.


Summaries of

State v. Nelson

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 4, 2019
No. 1 CA-CR 18-0788 PRPC (Ariz. Ct. App. Apr. 4, 2019)
Case details for

State v. Nelson

Case Details

Full title:STATE OF ARIZONA, Respondent, v. MARCUS D. NELSON, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Apr 4, 2019

Citations

No. 1 CA-CR 18-0788 PRPC (Ariz. Ct. App. Apr. 4, 2019)