Opinion
1 CA-CR 20-0601 PRPC
06-10-2021
STATE OF ARIZONA, Respondent, v. JESSE SAMUEL HOAG, Petitioner.
Coconino County Attorney's Office, Flagstaff By Mark Huston Counsel for Respondent Lisa Law, LLC, Mesa By Lise R. Witt Counsel for Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Mohave County No. S8015 CR201401433 The Honorable Billy K Sipe, Jr., Judge Pro Tempore
Coconino County Attorney's Office, Flagstaff By Mark Huston Counsel for Respondent
Lisa Law, LLC, Mesa By Lise R. Witt Counsel for Petitioner
Presiding Judge Paul J. McMurdie, Judge Cynthia J. Bailey, and Judge Lawrence F. Winthrop delivered the following decision.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Samuel Hoag 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 Petitioner's first 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 the 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 the petitioner has not established an abuse of discretion.
¶4 We grant review but deny relief.