Opinion
No. 1 CA-CR 17-0778 PRPC
06-14-2018
STATE OF ARIZONA, Respondent, v. RODNEY JOHN REED, Petitioner.
COUNSEL Navajo County Attorney's Office, Holbrook By Galen Wilkes Counsel for Respondent The Rigg Law Firm PLLC, Pinetop By Brett R. Rigg 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Appeal from the Superior Court in Navajo County
No. S0900CR200900941
The Honorable Robert J. Higgins, Judge
REVIEW GRANTED AND RELIEF DENIED
COUNSEL
Navajo County Attorney's Office, Holbrook
By Galen Wilkes
Counsel for Respondent
The Rigg Law Firm PLLC, Pinetop
By Brett R. Rigg
Counsel for Petitioner
MEMORANDUM DECISION
Presiding Judge Randall M. Howe, Judge Jennifer M. Perkins, and Judge Peter B. Swann delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner Rodney John Reed 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 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 For the foregoing reasons, we grant review and deny relief.