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State v. Gray

ARIZONA COURT OF APPEALS DIVISION ONE
Feb 11, 2020
No. 1 CA-CR 19-0311 PRPC (Ariz. Ct. App. Feb. 11, 2020)

Opinion

No. 1 CA-CR 19-0311 PRPC

02-11-2020

STATE OF ARIZONA, Respondent, v. DEMOORE TERRELLE GRAY, Petitioner.

COUNSEL DeMoore Terrelle Gray, Florence Petitioner Maricopa County Attorney's Office, Phoenix By Andrea L. Kever Counsel for Respondent


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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Appeal from the Superior Court in Maricopa County
No. CR2017-122921-001
The Honorable Casey J. Newcomb, Judge Pro Tempore

REVIEW GRANTED; RELIEF DENIED

COUNSEL

DeMoore Terrelle Gray, Florence
Petitioner

Maricopa County Attorney's Office, Phoenix
By Andrea L. Kever
Counsel for Respondent

MEMORANDUM DECISION

Presiding Judge Samuel A. Thumma, Judge Randall M. Howe and Judge Diane M. Johnsen delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner DeMoore Terrelle Gray 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 second 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 relief, and the petition for review. Petitioner has not established an abuse of discretion.

¶4 For the foregoing reasons, we grant review but deny relief.


Summaries of

State v. Gray

ARIZONA COURT OF APPEALS DIVISION ONE
Feb 11, 2020
No. 1 CA-CR 19-0311 PRPC (Ariz. Ct. App. Feb. 11, 2020)
Case details for

State v. Gray

Case Details

Full title:STATE OF ARIZONA, Respondent, v. DEMOORE TERRELLE GRAY, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Feb 11, 2020

Citations

No. 1 CA-CR 19-0311 PRPC (Ariz. Ct. App. Feb. 11, 2020)