Opinion
1 CA-CR 22-0475 PRPC
05-11-2023
STATE OF ARIZONA, Respondent, v. THAN DERRICK MCQUITTY, Petitioner.
Yuma County Attorney's Office, Yuma By Charles Platt Counsel for Respondent Cordova Law PLC, Yuma By Joshua J. Cordova Counsel for Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Yuma County No. S1400CR201401045 The Honorable David M. Haws, Judge
Yuma County Attorney's Office, Yuma By Charles Platt Counsel for Respondent
Cordova Law PLC, Yuma By Joshua J. Cordova Counsel for Petitioner
Presiding Judge Jennifer M. Perkins, Judge Angela K. Paton, and Judge D. Steven Williams delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Jonathan Derrick McQuitty 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. This is his 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 (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, 538, ¶ 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, petition, and response. Petitioner has not established an abuse of discretion.
¶4 For the foregoing reasons, we grant review but deny relief.