State v. Rodreick ( 2021 )

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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
ARIZONA COURT OF APPEALS
DIVISION ONE
STATE OF ARIZONA, Respondent,
v.
NEIL HAVENS RODREICK, II, Petitioner.
NO. 1 CA-CR 21-0406 PRPC
FILED 12-9-2021
Petition for Review from the Superior Court in Yavapai County
No. P1300CR20070142
The Honorable Debra R. Phelan, Judge Pro Tempore
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Yavapai County Attorney’s Office, Prescott
By Steven A. Young
Counsel for Respondent
Neil Havens Rodreick, II, Florence
Petitioner
MEMORANDUM DECISION
Presiding Judge Peter B. Swann, Judge David D. Weinzweig, and Judge
Paul J. McMurdie delivered the decision of the Court.
STATE v. RODREICK
Decision of the Court
PER CURIAM:
¶1 Petitioner Neil Havens Rodreick, II seeks review of the
superior court’s order denying his petition for post-conviction relief. This
is petitioner’s second petition.1
¶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, 278 P.3d 1276, 1280 (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, 260 P.3d 1102, 1103 (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.
AMY M. WOOD • Clerk of the Court
FILED: AA
1 Petitioner filed an untimely Motion for Extension of Time to File
Reply to State’s Response. After consideration, this motion is denied.
2