Opinion
No. 1 CA-CR 19-0158 PRPC
12-05-2019
STATE OF ARIZONA, Respondent, v. MARK DUANE WILHELM, Petitioner.
COUNSEL Mark Duane Wilhelm, Kingman Petitioner Maricopa County Attorney's Office, Phoenix By Adena J. Astrowsky 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR1990-009688
The Honorable Joseph P. Mikitish, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Mark Duane Wilhelm, Kingman
Petitioner
Maricopa County Attorney's Office, Phoenix
By Adena J. Astrowsky
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.