Opinion
No. 1 CA-CR 16-0447 PRPC
10-19-2017
STATE OF ARIZONA, Respondent, v. JOHN ALLEN WILLIS, Petitioner.
COUNSEL Coconino County Attorney's Office, Flagstaff By William P. Ring Counsel for Respondent John Allen Willis, Florence Petitioner
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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Petition for Review from the Superior Court in Coconino County
No. S0300CR201300456
The Honorable Cathleen Brown Nichols, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Coconino County Attorney's Office, Flagstaff
By William P. Ring
Counsel for Respondent
John Allen Willis, Florence
Petitioner
MEMORANDUM DECISION
Presiding Judge Paul J. McMurdie, Judge Peter B. Swann and Judge Samuel A. Thumma delivered the following decision.
PER CURIAM :
¶1 Petitioner John Allen Willis 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 first 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 (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, ¶ 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.