From Casetext: Smarter Legal Research

State v. Schweder

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 4, 2020
No. 1 CA-CR 20-0228 PRPC (Ariz. Ct. App. Jun. 4, 2020)

Opinion

No. 1 CA-CR 20-0228 PRPC

06-04-2020

STATE OF ARIZONA, Respondent, v. JON ANTHONY SCHWEDER, Petitioner.

APPEARANCES Navajo County Attorney's Office, Holbrook By Michael R. Shumway Counsel for Respondent Jon Anthony Schweder, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Navajo County
No. S0900CR20090633
The Honorable Robert J. Higgins, Judge

REVIEW GRANTED; RELIEF DENIED

APPEARANCES

Navajo County Attorney's Office, Holbrook
By Michael R. Shumway
Counsel for Respondent

Jon Anthony Schweder, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Michael J. Brown delivered the decision of the Court, in which Judge Kenton D. Jones and Judge D. Steven Williams joined.

BROWN, Judge:

¶1 Petitioner Jon Anthony Schweder 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, ¶ 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, the petition for review, and State's response. We find that petitioner has not established an abuse of discretion.

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


Summaries of

State v. Schweder

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 4, 2020
No. 1 CA-CR 20-0228 PRPC (Ariz. Ct. App. Jun. 4, 2020)
Case details for

State v. Schweder

Case Details

Full title:STATE OF ARIZONA, Respondent, v. JON ANTHONY SCHWEDER, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Jun 4, 2020

Citations

No. 1 CA-CR 20-0228 PRPC (Ariz. Ct. App. Jun. 4, 2020)