Opinion
1 CA-CR 21-0476 PRPC
02-08-2022
STATE OF ARIZONA, Respondent, v. JAMES ALLEN DAY, Petitioner.
Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent James Allen Day, Florence Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Maricopa County No. CR2013-003278-001 The Honorable Timothy J. Ryan, Judge
Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent
James Allen Day, Florence Petitioner
Presiding Judge Jennifer B. Campbell, Judge Randall M. Howe, and Judge Brian Y. Furuya, delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner James Allen Day seeks review of the superior court's order denying his second petition for post-conviction relief.
¶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 but deny relief.