Case Information
*1 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
A RIZONA C OURT OF A PPEALS
D IVISION O NE
STATE OF ARIZONA, Respondent , v.
MANUEL JOSE PELAYO, Petitioner . No. 1 CA-CR 16-0342 PRPC FILED 10-10-2017 Petition for Review from the Superior Court in Maricopa County No. CR2013-003199-001
The Honorable Jerry Bernstein, Judge Pro Tempore REVIEW GRANTED; RELIEF DENIED COUNSEL
Maricopa County Attorney's Office, Phoenix
By Gerald R. Grant
Counsel for Respondent
Manuel Jose Pelayo, Florence
Petitioner
MEMORANDUM DECISION Presiding Judge Michael J. Brown, Judge Jennifer B. Campbell and Judge Margaret H. Downie delivered the decision of the Court.
*2 STATE v. PELAYO Decision of the Court
PER CURIAM :
¶1 Petitioner Manuel Jose Pelayo 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, ¶ 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.
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