Opinion
1 CA-CR 21-0130 PRPC
08-31-2021
STATE OF ARIZONA, Respondent, v. JOSE JUSTO MOLINA-MORENO, Petitioner.
Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent Jose Justo Molina-Moreno, 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Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court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. CR2012-106798-001 The Honorable Michael W. Kemp, Judge
Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent
Jose Justo Molina-Moreno, Florence Petitioner
Presiding Judge Cynthia J. Bailey, Judge Jennifer M. Perkins and Judge Maria Elena Cruz delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Jose Justo Molina-Moreno seeks review of the superior court's order denying his petition for post-conviction relief. This is 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, 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.