State v. Wooten
Docket Number | 1 CA-CR 23-0294 PRPC |
Decision Date | 25 January 2024 |
Parties | STATE OF ARIZONA, Respondent, v. LEVONNIE WOOTEN, Petitioner. |
Court | Arizona Court of Appeals |
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Maricopa County No. CR 94-003150 The Honorable Lisa Ann Vandenberg, Judge
Maricopa County Attorney's Office, Phoenix
By Christine Davis
Counsel for Respondent
Barton & Storts, Tucson
By Brick P. Storts, III
Counsel for Petitioner
2
MEMORANDUM DECISION
¶1 Petitioner Levonnie Wooten seeks review of the superior court's order denying his petition for post-conviction relief. This is his fifth 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, the petition for review, the state's response and petitioner's reply. We find that petitioner has not established an abuse of discretion.
¶4 We grant review and deny relief.
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