Opinion
No. 1 CA-CR 16-0873 PRPC
07-12-2018
STATE OF ARIZONA, Respondent, v. ERIN LEE PERRY, Petitioner.
COUNSEL Maricopa County Attorney's Office, Phoenix By David R. Cole Counsel for Respondent Coolidge Law Firm, P.L.L.C., Chandler By Todd K. Coolidge Counsel for 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2013-422033-001
The Honorable Jo Lynn Gentry, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Maricopa County Attorney's Office, Phoenix
By David R. Cole
Counsel for Respondent
Coolidge Law Firm, P.L.L.C., Chandler
By Todd K. Coolidge
Counsel for Petitioner
MEMORANDUM DECISION
Presiding Judge James B. Morse Jr., Judge Kent E. Cattani and Judge Lawrence F. Winthrop delivered the following decision.
PER CURIAM :
¶1 Petitioner Erin Lee Perry 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, 278 P.3d 1276, 1280 (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, ¶ 1, 260 P.3d 1102, 1103 (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.