Opinion
No. 1 CA-CR 17-0716 PRPC
04-24-2018
STATE OF ARIZONA, Respondent, v. TONY LEE HORTON, Petitioner.
COUNSEL Maricopa County Attorney's Office, Phoenix By Adena J. Astrowsky Counsel for Respondent Tony Lee Horton, Tucson 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Petition for Review from the Superior Court in Maricopa County
No. CR2013-446217-001
The Honorable Sam J. Myers, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Maricopa County Attorney's Office, Phoenix
By Adena J. Astrowsky
Counsel for Respondent
Tony Lee Horton, Tucson
Petitioner
MEMORANDUM DECISION
Presiding Judge Jon W. Thompson, Judge Peter B. Swann, and Judge James P. Beene delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner Tony Lee Horton 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 not of-right petition for post-conviction relief.
¶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.