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State v. Curl

ARIZONA COURT OF APPEALS DIVISION ONE
Feb 25, 2021
No. 1 CA-CR 20-0458 PRPC (Ariz. Ct. App. Feb. 25, 2021)

Opinion

No. 1 CA-CR 20-0458 PRPC

02-25-2021

STATE OF ARIZONA, Respondent, v. MATTHEW PATRICK CURL, Petitioner.

COUNSEL Yavapai County Attorney's Office, Prescott By Sheila Sullivan Polk Counsel for Respondent Matthew Curl, Camp Verde Petitioner


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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Petition for Review from the Superior Court in Yavapai County
No. P1300CR201700226
The Honorable Tina R. Ainley, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Yavapai County Attorney's Office, Prescott
By Sheila Sullivan Polk
Counsel for Respondent

Matthew Curl, Camp Verde
Petitioner

MEMORANDUM DECISION

Presiding Judge Paul J. McMurdie, Judge Cynthia J. Bailey, and Judge Lawrence F. Winthrop delivered the following decision.

PER CURIAM:

¶1 Petitioner Matthew Curl 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 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 (2012). It is the 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 relief, and the petition for review. We find the petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.


Summaries of

State v. Curl

ARIZONA COURT OF APPEALS DIVISION ONE
Feb 25, 2021
No. 1 CA-CR 20-0458 PRPC (Ariz. Ct. App. Feb. 25, 2021)
Case details for

State v. Curl

Case Details

Full title:STATE OF ARIZONA, Respondent, v. MATTHEW PATRICK CURL, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Feb 25, 2021

Citations

No. 1 CA-CR 20-0458 PRPC (Ariz. Ct. App. Feb. 25, 2021)