Opinion
1 CA-CR 23-0222 PRPC
11-02-2023
STATE OF ARIZONA, Respondent, v. GARETT R. SOLIVEN, Petitioner.
Maricopa County Attorney's Office, Phoenix By Phillip D. Garrow Counsel for Respondent Garett R. Soliven, 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Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court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. CR2015-002917-001 The Honorable Roy C. Whitehead, Judge
Maricopa County Attorney's Office, Phoenix By Phillip D. Garrow Counsel for Respondent
Garett R. Soliven, Florence Petitioner
Presiding Judge David D. Weinzweig, Judge Michael S. Catlett, and Judge Maria Elena Cruz delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Garett R. Soliven seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's first 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 relief, and the petition for review. We find that petitioner has not established an abuse of discretion.
¶4 We grant review and deny relief.