Opinion
1 CA-CR 22-0560 PRPC
05-16-2023
STATE OF ARIZONA, Respondent, v. THOMAS FORREST BOLTON, Petitioner.
Yavapai County Attorney's Office, Prescott By George D. Rodriguez Counsel for Respondent Thomas Forrest Bolton, Kingman Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Yavapai County No. P1300CR201300942 The Honorable Debra R. Phelan, Judge Pro Tempore
REVIEW GRANTED; RELIEF DENIED
Yavapai County Attorney's Office, Prescott
By George D. Rodriguez
Counsel for Respondent
Thomas Forrest Bolton, Kingman
Petitioner
Vice Chief Judge David B. Gass, Judge Brian Y. Furuya, and Judge Andrew M. Jacobs delivered the decision of the court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Thomas Forrest Bolton seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's second 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, the petition for review, the response, and the reply. We find that petitioner has not established an abuse of discretion.
¶4 We grant review and deny relief.