State v. Covey

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.

TODD WILLIAM COVEY, Petitioner.

No. 1 CA-CR 20-0413 PRPC
FILED 3-18-2021

Appeal from the Superior Court in Yuma County
No. S1400CR200800068
The Honorable Stephen J. Rouff, Judge Pro-Tempore

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Yuma County Attorney’s Office, Yuma
By Charles Platt
Counsel for Respondent

Yuma County Legal Defender’s Office, Yuma
By Kristin C. McManus
Counsel for Petitioner

STATE v. COVEY
Decision of the Court

MEMORANDUM DECISION

Presiding Judge D. Steven Williams, Judge Jennifer B. Campbell and Judge
James B. Morse Jr. delivered the following decision.

PER CURIAM:

¶1 Petitioner Todd William Covey 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 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, the petition for
review, response, and reply. The petitioner has failed to show an abuse of
discretion.

¶4 For the foregoing reasons, this court grants review but denies
relief.

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

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