State v. Taylor

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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

LEON ROBERT TAYLOR, Petitioner.

No. 1 CA-CR 23-0367 PRPC FILED 1-4-2024

Petition for Review from the Superior Court in Yavapai County No. P01300CR201800467 The Honorable John David Napper, Judge

REVIEW GRANTED; RELIEF DENIED

APPEARANCES

Yavapai County Attorney’s Office, Phoenix By Dennis M. McGrane Counsel for Respondent

Leon Robert Taylor, Douglas Petitioner STATE v. TAYLOR Decision of the Court

MEMORANDUM DECISION

Presiding Judge D. Steven Williams, Judge Samuel A. Thumma, and Judge Paul J. McMurdie delivered the Court’s decision.

PER CURIUM:

¶1 Petitioner Leon Robert Taylor 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 latest successive 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. 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