Opinion
No. 1 CA-CR 20-0137 PRPC
06-30-2020
STATE OF ARIZONA, Respondent, v. NICHOLAS FREDDRICK RYE, Petitioner.
COUNSEL Mohave County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent Nicholas F. Rye, Florence 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Mohave County
No. CR2008-1130
The Honorable Lee F. Jantzen, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Mohave County Attorney's Office, Kingman
By Matthew J. Smith
Counsel for Respondent
Nicholas F. Rye, Florence
Petitioner
MEMORANDUM DECISION
Presiding Judge Paul J. McMurdie, Judge Jennifer B. Campbell, and Vice Chief Judge Kent E. Cattani delivered the following decision.
PER CURIAM:
¶1 Petitioner Nicholas F. Rye 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 Rye'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. State v. Gutierrez, 229 Ariz. 573, 577, ¶ 19 (2012). It is the 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.