Opinion
No. 1 CA-CR 18-0058 PRPC
05-10-2018
STATE OF ARIZONA, Respondent, v. ELROY GUTIERREZ, Petitioner.
COUNSEL Yavapai County Attorney's Office, Prescott By Sheila Sullivan Polk Counsel for Respondent Elroy Gutierrez, Yuma Petitioner
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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Appeal from the Superior Court in Yavapai County
No. P1300CR201400675
The Honorable Tina R. Ainley, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Yavapai County Attorney's Office, Prescott
By Sheila Sullivan Polk
Counsel for Respondent
Elroy Gutierrez, Yuma
Petitioner
MEMORANDUM DECISION
Presiding Judge Jon W. Thompson, Judge Peter B. Swann, and Judge James P. Beene delivered the decision of the Court.
PER CURIUM:
¶1 Petitioner Elroy Gutierrez 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.
¶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 an abuse of discretion.
¶4 Accordingly, we grant review and deny relief.