Opinion
1 CA-CR 23-0322 PRPC
03-21-2024
STATE OF ARIZONA, Respondent, v. OLIVER ENCINAS SENDAY, Petitioner.
Maricopa County Attorney's Office, Phoenix By Douglas Gerlach Counsel for Respondent Law Offices of Michael J. Dew By Michael J. Dew Counsel for Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Maricopa County No. CR2004-024215-001 The Honorable Timothy J. Ryan, Judge
Maricopa County Attorney's Office, Phoenix By Douglas Gerlach Counsel for Respondent
Law Offices of Michael J. Dew By Michael J. Dew Counsel for Petitioner
Presiding Judge Anni Hill Foster, Judge Brian Y. Furuya, and Vice Chief Judge Randall M. Howe delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Oliver Encinas Senday 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.