State v. Johnson ( 2022 )


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  •                      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    UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
    IN THE
    ARIZONA COURT OF APPEALS
    DIVISION ONE
    STATE OF ARIZONA, Respondent,
    v.
    JEREMY MICHAEL JOHNSON, Petitioner.
    No. 1 CA-CR 21-0417 PRPC
    FILED 2-8-2022
    Petition for Review from the Superior Court in Maricopa County
    No. CR2015-125771-001
    The Honorable Joan M. Sinclair, Judge
    REVIEW GRANTED; RELIEF DENIED
    APPEARANCES
    Maricopa County Attorney’s Office, Phoenix
    By Amanda M. Parker
    Counsel for Respondent
    Jeremy Michael Johnson, Florence
    Petitioner
    STATE v. JOHNSON
    Decision of the Court
    MEMORANDUM DECISION
    Presiding Judge Jennifer B. Campbell, Judge Randall M. Howe, and Judge
    James B. Morse Jr. delivered the decision of the Court.
    P E R C U R I A M:
    ¶1           Petitioner Jeremy Michael Johnson seeks review of the
    superior court’s order denying his fifth petition for post-conviction relief.
    ¶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 but deny relief.
    AMY M. WOOD • Clerk of the Court
    FILED: AA
    2
    

Document Info

Docket Number: 1 CA-CR 21-0417-PRPC

Filed Date: 2/8/2022

Precedential Status: Non-Precedential

Modified Date: 2/8/2022