STATE v. MCDANIEL

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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. TYSON TERRELL MCDANIEL, Petitioner. No. 1 CA-CR 21-0581 PRPC FILED 10-25-2022 Petition for Review from the Superior Court in Maricopa County No. CR1994-000671 The Honorable Roy C. Whitehead, Judge REVIEW GRANTED; RELIEF DENIED COUNSEL Maricopa County Attorney’s Office, Phoenix By Krista Wood Counsel for Respondent Tyson Terrell McDaniel, Tucson Petitioner STATE v. MCDANIEL Decision of the Court MEMORANDUM DECISION Presiding Judge Samuel A. Thumma, Judge Cynthia J. Bailey, and Vice Chief Judge David B. Gass delivered the following decision. PER CURIAM: ¶1 Petitioner Tyson Terrell McDaniel 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 McDaniel’s sixth petition. ¶2 Absent an abuse of discretion or legal error, this court will not disturb a superior court’s ruling on a petition for post-conviction relief. See State v. Gutierrez, 229 Ariz. 573, 577 ¶ 19 (2012). Petitioner has the burden to show that the superior court erred in denying the petition for postconviction relief. See State v. Poblete, 227 Ariz. 537, 538 ¶ 1 (App. 2011). ¶3 This court has reviewed the record in this matter, the order denying the petition for post-conviction relief and the petition for review. This court finds the petitioner has not established error. ¶4 This court grants review but denies relief. AMY M. WOOD • Clerk of the Court FILED: AA 2

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