Arizona Court of Appeals, 2019

State v. Robbins

State v. Robbins
Arizona Court of Appeals · Decided May 14, 2019

State v. Robbins

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 18-0826 PRPC FILED 5-14-2019

Petition for Review from the Superior Court in Maricopa County No. CR2006-012901-001 The Honorable Warren J. Granville, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Gregory Scott Robbins, Buckeye Petitioner

MEMORANDUM DECISION Presiding Judge Diane M. Johnsen, Judge Michael J. Brown and Judge Jennifer M. Perkins delivered the decision of the Court.

STATE v. ROBBINS Decision of the Court PER CURIAM: ¶1 Petitioner Gregory Scott Robbins 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 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 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. Petitioner has not established an abuse of discretion.

¶4 For the foregoing reasons, we grant review but deny relief.

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

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