Opinion
1 CA-CR 21-0502 PRPC
02-15-2022
STATE OF ARIZONA, Respondent, v. JOE CERVANTES, JR., Petitioner.
Yavapai County Attorney's Office, Prescott By Dana E. Owens Counsel for Respondent Joe Cervantes, Jr., Florence Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Yavapai County No. P1300CR20081426 The Honorable Michael R. Bluff, Judge
Yavapai County Attorney's Office, Prescott
By Dana E. Owens
Counsel for Respondent
Joe Cervantes, Jr., Florence
Petitioner
Presiding Judge Maria Elena Cruz, Judge Samuel A. Thumma, and Judge Michael J. Brown delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM.
¶1 Petitioner Joe Cervantes, Jr. seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's fourth successive 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 We grant review and deny relief.