State v. Bolton ( 2023 )

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
THOMAS FORREST BOLTON, Petitioner.
No. 1 CA-CR 22-0560 PRPC
FILED 5-16-2023
Petition for Review from the Superior Court in Yavapai County
No. P1300CR201300942
The Honorable Debra R. Phelan, Judge Pro Tempore
REVIEW GRANTED; RELIEF DENIED
APPEARANCES
Yavapai County Attorney’s Office, Prescott
By George D. Rodriguez
Counsel for Respondent
Thomas Forrest Bolton, Kingman
Petitioner
MEMORANDUM DECISION
Vice Chief Judge David B. Gass, Judge Brian Y. Furuya, and Judge Andrew
M. Jacobs delivered the decision of the court.
STATE v. BOLTON
Decision of the Court
PER CURIAM:
¶1 Petitioner Thomas Forrest Bolton seeks review of the superior
court’s order denying his petition for post-conviction relief. This is
petitioner’s second 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, 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, the petition for
review, the response, and the reply. 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
2