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State v. Parks

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 30, 2019
No. 1 CA-CR 18-0819 PRPC (Ariz. Ct. App. Apr. 30, 2019)

Opinion

No. 1 CA-CR 18-0819 PRPC

04-30-2019

STATE OF ARIZONA, Respondent, v. EDWARD FAYE PARKS, Petitioner.

APPEARANCES Edward Faye Parks, Tucson Petitioner Maricopa County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent


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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Mohave County
No. S815CR201100853
The Honorable Richard D. Lambert, Judge

REVIEW GRANTED; RELIEF DENIED

APPEARANCES

Edward Faye Parks, Tucson
Petitioner

Maricopa County Attorney's Office, Kingman
By Matthew J. Smith
Counsel for Respondent

MEMORANDUM DECISION

Presiding Judge James B. Morse Jr., Judge Jon W. Thompson and Vice Chief Judge Peter B. Swann delivered the following decision.

PER CURIAM :

¶1 Petitioner Edward Faye Parks 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 petition for post-conviction relief.

¶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. Parks

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 30, 2019
No. 1 CA-CR 18-0819 PRPC (Ariz. Ct. App. Apr. 30, 2019)
Case details for

State v. Parks

Case Details

Full title:STATE OF ARIZONA, Respondent, v. EDWARD FAYE PARKS, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Apr 30, 2019

Citations

No. 1 CA-CR 18-0819 PRPC (Ariz. Ct. App. Apr. 30, 2019)