Opinion
No. 1 CA-CR 19-0068 PRPC
11-21-2019
STATE OF ARIZONA, Respondent, v. DREW MICHAEL WITZIG, Petitioner.
COUNSEL Mohave County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent Drew Michael Witzig, Eloy 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Appeal from the Superior Court in Mohave County
No. S8015CR201600090
The Honorable Billy K. Sipe, Judge Pro Tempore
REVIEW GRANTED AND RELIEF DENIED
COUNSEL
Mohave County Attorney's Office, Kingman
By Matthew J. Smith
Counsel for Respondent
Drew Michael Witzig, Eloy
Petitioner
MEMORANDUM DECISION
Presiding Judge Randall M. Howe, Judge David D. Weinzweig, and Judge David B. Gass delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner Drew Michael Witzig 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 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 For the foregoing reasons, we grant review and deny relief.