State v. Fullen

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

JOHN HOYT FULLEN, Petitioner.

No. 1 CA-CR 23-0216 PRPC

FILED 11-05-2024

Petition for Review from the Superior Court in Yavapai County
No. P1300CR201400199,
P1300CR201400496
The Honorable Debra R. Phelan, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Yavapai County Attorney’s Office, Prescott
By Glen M. Asay
Counsel for Respondent

John Hoyt Fullen, Buckeye
Petitioner
 STATE v. FULLEN
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Cynthia J. Bailey, Judge Anni Hill Foster, and Judge Angela
K. Paton delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner John Hoyt Fullen seeks review of the superior
court’s order denying his petition for post-conviction relief. 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, 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, 260 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. We find that petitioner has not established an abuse of
discretion.

¶4 We grant review and deny relief.

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

2