Opinion
1 CA-CR 22-0091 PRPC
02-28-2023
STATE OF ARIZONA, Respondent, v. ANTHONY MICHAEL COLELLA, JR., Petitioner.
Mohave County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent. Anthony Michael Colella, Jr., Buckeye Petitioner.
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Mohave County No. S8015CR201801921 The Honorable Derek C. Carlisle, Judge.
Mohave County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent.
Anthony Michael Colella, Jr., Buckeye Petitioner.
Presiding Judge Cynthia J. Bailey, Judge Jennifer B. Campbell, and Judge David D. Weinzweig delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM.
¶1 Petitioner Anthony Michael Colella, Jr. seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's fifth 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, 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, and the petition for review. We find that petitioner has not established an abuse of discretion.
¶4 We grant review and deny relief.