State v. Valentini ( 2021 )


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  •                      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    UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
    RICK WAYNE VALENTINI, Petitioner.
    No. 1 CA-CR 21-0172 PRPC
    FILED 8-26-2021
    Petition for Review from the Superior Court in Maricopa County
    No. CR2011-005869-001
    The Honorable Ronee F. Korbin Steiner, Judge
    REVIEW GRANTED; RELIEF DENIED
    APPEARANCES
    Maricopa County Attorney’s Office, Phoenix
    By Amanda M. Parker
    Counsel for Respondent
    Rick Wayne Valentini, Florence
    Petitioner
    MEMORANDUM DECISION
    Presiding Judge D. Steven Williams, Judge David B. Gass, and Judge
    James B. Morse Jr. delivered the decision of the Court.
    STATE v. VALENTINI
    Decision of the Court
    PER CURIAM:
    ¶1             Petitioner Rick Wayne Valentini seeks review of the superior
    court’s order denying his petition for post-conviction relief. This is
    petitioner’s latest 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, 
    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. The petitioner has failed to show an abuse of
    discretion.
    ¶4             For the foregoing reasons, this court grants review but
    denies relief.
    AMY M. WOOD • Clerk of the Court
    FILED: AA
    2
    

Document Info

Docket Number: 1 CA-CR 21-0172-PRPC

Filed Date: 8/26/2021

Precedential Status: Non-Precedential

Modified Date: 8/26/2021