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State v. Shephard

Court of Appeals of Arizona, First Division
Nov 30, 2023
1 CA-CR 23-0151 PRPC (Ariz. Ct. App. Nov. 30, 2023)

Opinion

1 CA-CR 23-0151 PRPC

11-30-2023

STATE OF ARIZONA, Respondent, v. TICHINA SHEPHARD, Petitioner.

Maricopa County Attorney's Office, Phoenix By Douglas Gerlach Counsel for Respondent Brown and Little, PLC, Chandler By Matthew O. Brown Counsel for Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2017-005699-002 The Honorable Danielle. J. Viola, Judge

Maricopa County Attorney's Office, Phoenix By Douglas Gerlach Counsel for Respondent

Brown and Little, PLC, Chandler By Matthew O. Brown Counsel for Petitioner

Presiding Judge Michael J. Brown, Judge Andrew M. Jacobs, and Judge Angela K. Paton delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Tichina Shephard seeks review of the superior court's order denying her petition for post-conviction relief. This is her first 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, 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, 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, the petition for review, and the state's response. We find that petitioner has not established an abuse of discretion.

¶4 We grant review and deny relief.


Summaries of

State v. Shephard

Court of Appeals of Arizona, First Division
Nov 30, 2023
1 CA-CR 23-0151 PRPC (Ariz. Ct. App. Nov. 30, 2023)
Case details for

State v. Shephard

Case Details

Full title:STATE OF ARIZONA, Respondent, v. TICHINA SHEPHARD, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Nov 30, 2023

Citations

1 CA-CR 23-0151 PRPC (Ariz. Ct. App. Nov. 30, 2023)