Arizona Court of Appeals, 2022

State v. Ball

State v. Ball
Arizona Court of Appeals · Decided July 28, 2022

State v. Ball

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 21-0542 PRPC FILED 7-28-2022

Petition for Review from the Superior Court in Maricopa County No. CR2013-420642-001 The Honorable Adam D. Driggs, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Maricopa County Attorney’s Office, Phoenix By Krista Wood Counsel for Respondent Coy Glen Ball, Florence Petitioner STATE v. BALL Decision of the Court

MEMORANDUM DECISION Presiding Judge David D. Weinzweig, Judge Brian Y. Furuya and Judge Jennifer M. Perkins delivered the decision of the Court.

PER CURIAM: ¶1 Petitioner Ball seeks review of the superior court’s order denying his petition for post-conviction relief. This is petitioner’s second 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. We find that petitioner has not established an abuse of discretion.

¶4 We grant review and deny relief.

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

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