State v. Luke

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

TYEREL DARNEL LUKE, Petitioner.

No. 1 CA-CR 0359 PRPC
FILED 08-01-2024

Petition for Review from the Superior Court in Maricopa County
No. CR 1995-008176
The Honorable Suzanne Marie Nicholls, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix
By Philip Garrow
Counsel for Respondent

Tyerel Darnel Luke, Tucson
Petitioner
 STATE v. LUKE
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Brian Y. Furuya, Judge James B. Morse Jr., and Judge David
D. Weinzweig delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Tyerel Darnel Luke seeks review of the superior
court’s order denying his petition for post-conviction relief. This is
petitioner’s eighth 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. We find that petitioner has not established an abuse of
discretion.

¶4 We grant review but deny relief.

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

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