State v. Ibeabuchi ( 2019 )


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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    UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
    IKEMEFULA CHARLES IBEABUCHI, Petitioner.
    No. 1 CA-CR 18-0841 PRPC
    FILED 6-18-2019
    Appeal from the Superior Court in Maricopa County
    No. CR1999-095310
    The Honorable John R. Doody, Judge Pro Tempore
    REVIEW GRANTED AND RELIEF DENIED
    COUNSEL
    Maricopa County Attorney’s Office, Phoenix
    By Andrea L. Kever
    Counsel for Respondent
    Ikemefula Charles Ibeabuchi, Florence
    Petitioner
    MEMORANDUM DECISION
    Presiding Judge Randall M. Howe, Judge Jennifer M. Perkins, and Judge
    David D. Weinzweig delivered the decision of the Court.
    STATE v. IBEABUCHI
    Decision of the Court
    PER CURIAM:
    ¶1              Petitioner Ikemefula Charles Ibeabuchi 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.
    AMY M. WOOD • Clerk of the Court
    FILED: AA
    2
    

Document Info

Docket Number: 1 CA-CR 18-0841-PRPC

Filed Date: 6/18/2019

Precedential Status: Non-Precedential

Modified Date: 6/18/2019