Opinion
No. 1 CA-CR 19-0245 PRPC
12-12-2019
STATE OF ARIZONA, Respondent, v. WYTE YOUNG, JR., Petitioner.
APPEARANCES Wyte Young, Jr., Florence Petitioner Navajo County Attorney's Office, Holbrook By Bradley W. Carlyon 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Petition for Review from the Superior Court in Navajo County
Nos. S0900CR98000208 S0900CR98000473
The Honorable Donna J. Grimsley, Judge Pro Tempore
The Honorable David J. Martin, Judge Pro Tempore
REVIEW GRANTED; RELIEF DENIED
APPEARANCES
Wyte Young, Jr., Florence
Petitioner
Navajo County Attorney's Office, Holbrook
By Bradley W. Carlyon
Counsel for Respondent
MEMORANDUM DECISION
Presiding Judge Jennifer B. Campbell, Judge Lawrence F. Winthrop, and Judge Michael J. Brown delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner Wyte Young, Jr., 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 third 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, ¶ 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 We grant review and deny relief.