State v. Jackson

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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

JOHNNY LEE JACKSON, JR., Petitioner.

No. 1 CA-CR 21-0009 PRPC FILED 7-15-2021

Appeal from the Superior Court in Maricopa County No. CR2015-117385-001 The Honorable Lauren R. Guyton, Judge Pro Tempore

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Johnny Lee Jackson, Jr., Eloy Petitioner

Maricopa County Attorney’s Office, Phoenix By Amanda M. Parker Counsel for Respondent

MEMORANDUM DECISION

Chief Judge Kent E. Cattani, Judge Samuel A. Thumma and Judge Brian Y. Furuya delivered the decision of the Court. STATE v. JACKSON Decision of the Court

PER CURIAM:

¶1 Petitioner Johnny Lee Jackson, Jr. 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 Jackson’s third 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 the 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 the petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.

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