Opinion
No. 1 CA-CR 19-0236 PRPC
12-05-2019
STATE OF ARIZONA, Respondent, v. DEWAYNE BRIAN WHEELER, Petitioner.
COUNSEL DeWayne Brian Wheeler, Eloy Petitioner Maricopa County Attorney's Office, Phoenix By Andrea L. Kever Counsel for Respondent
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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Appeal from the Superior Court in Maricopa County
No. CR2015-005330-001
The Honorable Mark H. Brain, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
DeWayne Brian Wheeler, Eloy
Petitioner
Maricopa County Attorney's Office, Phoenix
By Andrea L. Kever
Counsel for Respondent
MEMORANDUM DECISION
Presiding Judge Samuel A. Thumma, Judge Jennifer M. Perkins and Judge Paul J. McMurdie delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner name 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 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 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. Petitioner has not established an abuse of discretion.
¶4 For the foregoing reasons, we grant review but deny relief.