Opinion
No. 1 CA-CR 17-0190 PRPC
12-26-2017
STATE OF ARIZONA, Respondent, v. FREDERICK KING, JR., Petitioner.
COUNSEL Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Frederick King, Jr., Douglas 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2002-098228
The Honorable Alfred M. Fenzel, Judge Pro Tempore (Retired)
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Maricopa County Attorney's Office, Phoenix
By Diane Meloche
Counsel for Respondent
Frederick King, Jr., Douglas
Petitioner
MEMORANDUM DECISION
Presiding Judge Kenton D. Jones, Judge Jon W. Thompson, and Judge Jennifer M. Perkins delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner Frederick King, Jr. 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. See also Ariz. R. Crim. P. 32.3 (directing the trial court to treat a writ of habeas corpus as a petition for post-conviction relief). This is the petitioner's third 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, 576-77, ¶ 19 (2012). It is the petitioner's burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).
¶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 shown any abuse of discretion.
¶4 Accordingly, we grant review and deny relief.