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State v. Viste

Court of Appeals of Arizona, First Division
Dec 2, 2021
1 CA-CR 21-0088 PRPC (Ariz. Ct. App. Dec. 2, 2021)

Opinion

1 CA-CR 21-0088 PRPC

12-02-2021

STATE OF ARIZONA, Respondent, v. CORY DOUGLAS VISTE, Petitioner.

Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent Cory Douglas Viste, Surprise Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2016-128726-001 The Honorable Howard D. Sukenic, Judge

Maricopa County Attorney's Office, Phoenix

By Amanda M. Parker

Counsel for Respondent

Cory Douglas Viste, Surprise

Petitioner

Presiding Judge Cynthia J. Bailey, Judge Jennifer M. Perkins and Judge Maria Elena Cruz delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM.

¶1 Petitioner Cory Douglas Viste seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's 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, 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. Viste

Court of Appeals of Arizona, First Division
Dec 2, 2021
1 CA-CR 21-0088 PRPC (Ariz. Ct. App. Dec. 2, 2021)
Case details for

State v. Viste

Case Details

Full title:STATE OF ARIZONA, Respondent, v. CORY DOUGLAS VISTE, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Dec 2, 2021

Citations

1 CA-CR 21-0088 PRPC (Ariz. Ct. App. Dec. 2, 2021)