State v. Walton

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

GEARY WAYNE WALTON, Petitioner.

No. 1 CA-CR 25-0296 PRPC
FILED 04-30-2026

Petition for Review from the Superior Court in Maricopa County
No. CR1987-009953
The Honorable Sam J. Myers, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

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

Geary Wayne Walton, Florence
Petitioner
STATE v. WALTON
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Michael S. Catlett, Judge Angela K. Paton, and Judge
Jennifer M. Perkins delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Geary Wayne Walton seeks review of the superior
court’s order denying his petition for post-conviction relief. This is
petitioner’s twenty-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.
See State v. Gutierrez, 229 Ariz. 573, 576–77 ¶ 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 and deny relief.

MATTHEW J. MARTIN • Clerk of the Court
FILED: JR

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