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State v. Raffaele

Court of Appeals of Arizona, First Division
Oct 3, 2024
1 CA-CR 23-0464 PRPC (Ariz. Ct. App. Oct. 3, 2024)

Opinion

1 CA-CR 23-0464 PRPC

10-03-2024

STATE OF ARIZONA, Respondent, v. SHANE ALAN RAFFAELE, Petitioner.

Arizona Attorney General's Office, Phoenix By Veronica Skinner Counsel for Respondent Shane Alan Raffaele, 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Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court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. CR2013-437445-001 The Honorable Jay R. Adleman, Judge

Arizona Attorney General's Office, Phoenix By Veronica Skinner Counsel for Respondent

Shane Alan Raffaele, Florence Petitioner

Presiding Judge Maria Elena Cruz, Judge Samuel A. Thumma and Judge Andrew M. Jacobs delivered the following decision.

MEMORANDUM DECISION

PER CURIAM.

¶1 Petitioner Shane Alan Raffaele seeks review of the superior court's order denying his petition for post-conviction relief. This is Raffaele's 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. See 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 relief, and the petition for review. We find the petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.


Summaries of

State v. Raffaele

Court of Appeals of Arizona, First Division
Oct 3, 2024
1 CA-CR 23-0464 PRPC (Ariz. Ct. App. Oct. 3, 2024)
Case details for

State v. Raffaele

Case Details

Full title:STATE OF ARIZONA, Respondent, v. SHANE ALAN RAFFAELE, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Oct 3, 2024

Citations

1 CA-CR 23-0464 PRPC (Ariz. Ct. App. Oct. 3, 2024)