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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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.
JOSE MANUEL PINZON, Petitioner . No. 1 CA-CR 16-0720 PRPC FILED 10-12-2017 Petition for Review from the Superior Court in Yavapai County No. P1300CR201000868 The Honorable Tina R. Ainley, Judge REVIEW GRANTED; RELIEF DENIED COUNSEL
Yavapai County Attorney’s Office , Prescott
By Dana E. Owens
Counsel for Respondent
Jose Manuel Pinzon, Globe
Petitioner
MEMORANDUM DECISION Presiding Judge Lawrence F. Winthrop, Judge Diane M. Johnsen, and Judge Maria Elena Cruz delivered the decision of the Court.
*2 STATE v. PINZON Decision of the Court PER CURIAM :
¶1
Petitioner Jose Manuel Pinzon 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 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 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.
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