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State v. Surgick

Court of Appeals of Arizona, First Division
Feb 15, 2022
1 CA-CR 21-0482 PRPC (Ariz. Ct. App. Feb. 15, 2022)

Opinion

1 CA-CR 21-0482 PRPC

02-15-2022

STATE OF ARIZONA, Respondent, v. ZACKARIAH ALEXUS SURGICK, Petitioner.

Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent Zackariah Alexus Surgick, Tucson Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2004-022835-001 The Honorable Jennifer C. Ryan-Touhill, Judge

Maricopa County Attorney's Office, Phoenix

By Amanda M. Parker

Counsel for Respondent

Zackariah Alexus Surgick, Tucson

Petitioner

Presiding Judge Maria Elena Cruz, Judge Samuel A. Thumma, and Judge Michael J. Brown delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM.

¶1 Petitioner Zackariah Alexus Surgick seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's fourth 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, 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. Surgick

Court of Appeals of Arizona, First Division
Feb 15, 2022
1 CA-CR 21-0482 PRPC (Ariz. Ct. App. Feb. 15, 2022)
Case details for

State v. Surgick

Case Details

Full title:STATE OF ARIZONA, Respondent, v. ZACKARIAH ALEXUS SURGICK, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Feb 15, 2022

Citations

1 CA-CR 21-0482 PRPC (Ariz. Ct. App. Feb. 15, 2022)