State v. Davis

• Court: Court of Appeals of Arizona
• Decided: February 9, 2021
• Docket: 1 CA-CR 20-0359-PRPC
• Status: Unpublished

Opinion

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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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.

TORRENCE E. DAVIS, Petitioner.

No. 1 CA-CR 20-0359 PRPC FILED 2-9-2021

Appeal from the Superior Court in Maricopa County No. CR2016-135082-001 The Honorable Christopher A. Coury, Judge

REVIEW GRANTED; RELIEF DENIED

APPEARANCES

Maricopa County Attorney’s Office, Phoenix By Robert E. Prather Counsel for Respondent

Torrence E. Davis, San Luis Petitioner STATE v. DAVIS Decision of the Court

MEMORANDUM DECISION

Presiding Judge D. Steven Williams, Judge Jennifer B. Campbell and Judge James B. Morse Jr. delivered the following decision of the Court.

PER CURIAM:

¶1 Petitioner Torrence E. Davis 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, the petition for review, response and reply. The petitioner has failed to show an abuse of discretion.

¶4 For the foregoing reasons, this court grants review but denies relief.

AMY M. WOOD • Clerk of the Court FILED: AA