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State v. York

Court of Appeals of Arizona, First Division
Nov 28, 2023
1 CA-CR 23-0358 PRPC (Ariz. Ct. App. Nov. 28, 2023)

Opinion

1 CA-CR 23-0358 PRPC

11-28-2023

STATE OF ARIZONA, Respondent, v. TROY THOMAS YORK, Petitioner.

Maricopa County Attorney's Office, Phoenix By Douglas Gerlach Counsel for Respondent Grand Canyon Law Group LLC, Mesa By Angela Charlene Poliquin 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Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court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. CR2018-115104-001 The Honorable Warren J. Granville, Judge (Retired)

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

Grand Canyon Law Group LLC, Mesa By Angela Charlene Poliquin Counsel for Petitioner

Presiding Judge Jennifer B. Campbell, and Judges Kent E. Cattani and Anni Hill Foster delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Troy Thomas York 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 (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, the petition for review, State's response, and Petitioner's reply. We find that petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.


Summaries of

State v. York

Court of Appeals of Arizona, First Division
Nov 28, 2023
1 CA-CR 23-0358 PRPC (Ariz. Ct. App. Nov. 28, 2023)
Case details for

State v. York

Case Details

Full title:STATE OF ARIZONA, Respondent, v. TROY THOMAS YORK, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Nov 28, 2023

Citations

1 CA-CR 23-0358 PRPC (Ariz. Ct. App. Nov. 28, 2023)