State v. Williams

• Court: Court of Appeals of Arizona
• Decided: February 8, 2022
• Docket: 1 CA-CR 21-0468-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• Status: Unpublished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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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.

IRVIN DARRYL WILLIAMS, SR., Petitioner.

No. 1 CA-CR 21-0468 PRPC FILED 2-8-2022

Petition for Review from the Superior Court in Maricopa County No. CR2014-117264-001 The Honorable Michael C. Blair, Judge

REVIEW GRANTED; RELIEF DENIED

APPEARANCES

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

Irvin Darryl Williams, Sr., Kingman Petitioner STATE v. WILLIAMS Decision of the Court

MEMORANDUM DECISION

Presiding Judge Jennifer B. Campbell, Judge Randall M. Howe, and Judge James B. Morse Jr., delivered the decision of the Court.

P E R C U R I A M:

¶1 Petitioner Irvin Darryl Williams, Sr., seeks review of the superior court’s order denying his sixth petition for post-conviction relief.

¶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, ¶ 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, and response. We find that petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.

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