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State v. Nichols

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 19, 2019
No. 1 CA-CR 19-0191 PRPC (Ariz. Ct. App. Nov. 19, 2019)

Opinion

No. 1 CA-CR 19-0191 PRPC

11-19-2019

STATE OF ARIZONA, Respondent, v. RAYPHE DANIEL NICHOLS, Petitioner.

APPEARANCES Maricopa County Attorney's Office, Phoenix By Frankie Y. Jones Counsel for Respondent Rayphe Daniel Nichols, San Luis 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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
Nos. CR 2012-150435-001 CR 2015-110851-001
The Honorable Erin Otis, Judge

REVIEW GRANTED; RELIEF DENIED

APPEARANCES

Maricopa County Attorney's Office, Phoenix
By Frankie Y. Jones
Counsel for Respondent

Rayphe Daniel Nichols, San Luis
Petitioner

MEMORANDUM DECISION

Presiding Judge Jennifer B. Campbell delivered the decision of the Court, in which Judges Lawrence F. Winthrop and Michael J. Brown joined.

PER CURIAM:

¶1 Petitioner Rayphe Daniel Nichols 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 for review.

¶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. Nichols

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 19, 2019
No. 1 CA-CR 19-0191 PRPC (Ariz. Ct. App. Nov. 19, 2019)
Case details for

State v. Nichols

Case Details

Full title:STATE OF ARIZONA, Respondent, v. RAYPHE DANIEL NICHOLS, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Nov 19, 2019

Citations

No. 1 CA-CR 19-0191 PRPC (Ariz. Ct. App. Nov. 19, 2019)