Opinion
No. 1 CA-CR 18-0496 PRPC
08-22-2019
STATE OF ARIZONA, Respondent, v. THOMAS ORVILLE BASTIAN, Petitioner.
APPEARANCES Maricopa County Attorney's Office, Phoenix By Andrea L. Kever Counsel for Respondent Thomas Orville Bastian, Florence 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR 2007-124159-003
The Honorable Arthur T. Anderson , Judge
REVIEW GRANTED; RELIEF DENIED
APPEARANCES
Maricopa County Attorney's Office, Phoenix
By Andrea L. Kever
Counsel for Respondent
Thomas Orville Bastian, Florence
Petitioner
MEMORANDUM DECISION
Presiding Judge Jennifer B. Campbell, Judge Maria Elena Cruz, and Judge Diane M. Johnsen delivered the decision of the Court.
PER CURIAM :
¶1 Petitioner Thomas Orville Bastian 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 fourth 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, ¶ 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.