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State v. Richter

ARIZONA COURT OF APPEALS DIVISION ONE
Mar 6, 2018
No. 1 CA-CR 17-0496 PRPC (Ariz. Ct. App. Mar. 6, 2018)

Opinion

No. 1 CA-CR 17-0496 PRPC

03-06-2018

STATE OF ARIZONA, Respondent, v. GARY FRANCIS RICHTER, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Gary Francis Richter, Kingman 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2004-037069-002
The Honorable M. Scott McCoy, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

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

Gary Francis Richter, Kingman
Petitioner

MEMORANDUM DECISION

Presiding Judge Jon W. Thompson, Judge Peter B. Swann, and Judge James P. Beene delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Gary Francis Richter 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 the petitioner's second 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, 576-77, ¶ 19 (2012). It is the petitioner's burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).

¶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 shown an abuse of discretion.

¶4 Accordingly, we grant review and deny relief.


Summaries of

State v. Richter

ARIZONA COURT OF APPEALS DIVISION ONE
Mar 6, 2018
No. 1 CA-CR 17-0496 PRPC (Ariz. Ct. App. Mar. 6, 2018)
Case details for

State v. Richter

Case Details

Full title:STATE OF ARIZONA, Respondent, v. GARY FRANCIS RICHTER, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Mar 6, 2018

Citations

No. 1 CA-CR 17-0496 PRPC (Ariz. Ct. App. Mar. 6, 2018)