Arizona Court of Appeals, 2023

State v. Halterman

State v. Halterman
Arizona Court of Appeals · Decided May 11, 2023

State v. Halterman

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 22-0605 PRPC FILED 5-11-2023

Petition for Review from the Superior Court in Yavapai County No. P1300CR201900780 The Honorable Krista M. Carman, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Yavapai County Attorney’s Office, Prescott By Kristen Sharifi Counsel for Respondent Jerad Lee Halterman, Florence Petitioner STATE v. HALTERMAN Decision of the Court

MEMORANDUM DECISION Presiding Judge Jennifer M. Perkins, Judge Angela K. Paton, and Judge D.

Steven Williams delivered the decision of the Court.

PER CURIAM: ¶1 Petitioner Jerad Lee Halterman 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 his first 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, petition, response, reply. 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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