STATE v. JOHNSON

Annotate this Case
Download PDF
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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. BENJAMIN LLOYD JOHNSON, Petitioner. No. 1 CA-CR 17-0083 PRPC FILED 12-26-2017 Petition for Review from the Superior Court in Maricopa County No. CR1994-010138 The Honorable Alfred M. Fenzel, Judge Pro Tempore (Retired) REVIEW GRANTED; RELIEF DENIED COUNSEL Maricopa County Attorney’s Office, Phoenix By Diane Meloche Counsel for Respondent Benjamin Lloyd Johnson, Winslow Petitioner MEMORANDUM DECISION Presiding Judge Kenton D. Jones, Judge Jon W. Thompson, and Judge Jennifer M. Perkins delivered the decision of the Court. STATE v. JOHNSON Decision of the Court P E R C U R I A M: ¶1 Petitioner Benjamin Johnson 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 the petitioner’s first successive 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, 576-77, ¶ 19 (2012). It is the petitioner’s burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011). ¶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 shown any abuse of discretion. ¶4 Accordingly, we grant review and deny relief. 2