Opinion
1 CA-CR 21-0494 PRPC
03-31-2022
STATE OF ARIZONA, Respondent, v. DELBERT WAUNEKA, Petitioner.
Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent Delbert Wauneka, 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Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court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. CR2016-160880-001 The Honorable William R. Wingard, Judge (Commissioner)
Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent
Delbert Wauneka, Florence Petitioner 1
Presiding Judge Paul J. McMurdie delivered the Court's decision, in which Vice Chief Judge David B. Gass and Judge Angela K. Paton joined.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Delbert Wauneka seeks review of the superior court's order denying his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 33. This is the petitioner'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. 2