State v. Fuqua

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
MICHAEL RAY FUQUA, Petitioner.
No. 1 CA-CR 22-0102 PRPC
FILED 10-06-2022
Petition for Review from the Superior Court in Navajo County
No. CR-2005-0569
The Honorable Michael D. Latham, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Navajo County Attorney’s Office, Holbrook
By Bradley W. Carlyon
Counsel for Respondent
Michael Ray Fuqua, Buckeye
Petitioner
MEMORANDUM DECISION
Presiding Judge Jennifer M. Perkins, Judge James B. Morse Jr., and Judge
Michael J. Brown delivered the decision of the Court.
STATE v. FUQUA
Decision of the Court
PER CURIAM:
¶1 Petitioner Michael Ray Fuqua seeks review of the superior
court’s order denying his petition for post-conviction relief. This is
petitioner’s second 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.
AMY M. WOOD • Clerk of the Court
FILED: JT
2