Arizona Court of Appeals, 2024

State v. Giles

State v. Giles
Arizona Court of Appeals · Decided October 29, 2024

State v. Giles

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 23-0466 PRPC FILED 10-29-2024 Petition for Review from the Superior Court in Maricopa County No. CR 1987-009100 The Honorable Mark H. Brain, Judge REVIEW GRANTED; RELIEF DENIED

APPEARANCES Maricopa County Attorney’s Office, Phoenix By Phillip D. Garrow Counsel for Respondent Stephen Giles, Buckeye Petitioner STATE v. GILES Decision of the Court

MEMORANDUM DECISION Presiding Judge Michael J. Brown, Judge D. Steven Williams, and Judge Daniel J. Kiley delivered the decision of the Court.

PER CURIAM: ¶1 Petitioner Steven Giles seeks review of the superior court’s order denying his petition for post-conviction relief. This is his seventh 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, 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. Petitioner has not established an abuse of discretion.

¶4 We grant review and deny relief.

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

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