Arizona Court of Appeals, 2023

State v. Jacobson

State v. Jacobson
Arizona Court of Appeals · Decided June 29, 2023

State v. Jacobson

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 22-0031 PRPC FILED 6-29-2023

Petition for Review from the Superior Court in Coconino County No. S0300CR201500613 The Honorable Cathleen Brown Nichols, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Coconino County Attorney’s Office, Flagstaff By Heather A. Mosher Counsel for Respondent Law Offices of Robert J. McWhirter, Tempe By Robert J. McWhirter Co-Counsel for Petitioner Kimerer Law Group, PC, Phoenix By Michael D. Kimerer Co-Counsel for Petitioner STATE v. JACOBSON Decision of the Court

MEMORANDUM DECISION Presiding Judge Cynthia J. Bailey, Judge Jennifer B. Campbell, and Judge David D. Weinzweig delivered the decision of the Court.

PER CURIAM: ¶1 Petitioner Susan Joy Jacobson seeks review of the superior court’s order denying her petition for post-conviction relief. This is petitioner’s 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, 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: AA

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