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State v. Wooten

ARIZONA COURT OF APPEALS DIVISION ONE
Jan 31, 2019
No. 1 CA-CR 18-0644 PRPC (Ariz. Ct. App. Jan. 31, 2019)

Opinion

No. 1 CA-CR 18-0644 PRPC

01-31-2019

STATE OF ARIZONA, Respondent, v. LEVONNIE WOOTEN, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent LeVonnie Wooten, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Maricopa County
No. CR1994-003150
The Honorable Joseph P. Mikitish, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Diane Meloche
Counsel for Respondent

LeVonnie Wooten, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge David D. Weinzweig, Judge Kent E. Cattani, and Judge James P. Beene delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner LeVonnie Wooten 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 fourth 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. Wooten

ARIZONA COURT OF APPEALS DIVISION ONE
Jan 31, 2019
No. 1 CA-CR 18-0644 PRPC (Ariz. Ct. App. Jan. 31, 2019)
Case details for

State v. Wooten

Case Details

Full title:STATE OF ARIZONA, Respondent, v. LEVONNIE WOOTEN, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Jan 31, 2019

Citations

No. 1 CA-CR 18-0644 PRPC (Ariz. Ct. App. Jan. 31, 2019)