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State v. Witzig

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 21, 2019
No. 1 CA-CR 19-0068 PRPC (Ariz. Ct. App. Nov. 21, 2019)

Opinion

No. 1 CA-CR 19-0068 PRPC

11-21-2019

STATE OF ARIZONA, Respondent, v. DREW MICHAEL WITZIG, Petitioner.

COUNSEL Mohave County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent Drew Michael Witzig, Eloy 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Appeal from the Superior Court in Mohave County
No. S8015CR201600090
The Honorable Billy K. Sipe, Judge Pro Tempore

REVIEW GRANTED AND RELIEF DENIED

COUNSEL

Mohave County Attorney's Office, Kingman
By Matthew J. Smith
Counsel for Respondent

Drew Michael Witzig, Eloy
Petitioner

MEMORANDUM DECISION

Presiding Judge Randall M. Howe, Judge David D. Weinzweig, and Judge David B. Gass delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Drew Michael Witzig 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 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 (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, 538 ¶ 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 For the foregoing reasons, we grant review and deny relief.


Summaries of

State v. Witzig

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 21, 2019
No. 1 CA-CR 19-0068 PRPC (Ariz. Ct. App. Nov. 21, 2019)
Case details for

State v. Witzig

Case Details

Full title:STATE OF ARIZONA, Respondent, v. DREW MICHAEL WITZIG, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Nov 21, 2019

Citations

No. 1 CA-CR 19-0068 PRPC (Ariz. Ct. App. Nov. 21, 2019)