Opinion
No. 1 CA-CR 20-0142 PRPC
06-30-2020
STATE OF ARIZONA, Respondent, v. AARON SHANE AULBACH, Petitioner.
COUNSEL Coconino County Attorney's Office, Flagstaff By Mark Huston Counsel for Respondent Aaron Shane Aulbach, Eloy 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Coconino County
No. CR 2015-00045
The Honorable Cathleen Brown Nichols, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Coconino County Attorney's Office, Flagstaff
By Mark Huston
Counsel for Respondent
Aaron Shane Aulbach, Eloy
Petitioner
MEMORANDUM DECISION
Presiding Judge Paul J. McMurdie, Judge Jennifer B. Campbell, and Vice Chief Judge Kent E. Cattani delivered the following decision.
PER CURIAM:
¶1 Petitioner Aaron Aulbach 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 Aulbach'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.