State v. Rye, 063020 AZAPP1, 1 CA-CR 20-0137 PRPC

• Judge: Presiding Judge Paul J. McMurdie, Judge Jennifer B. Campbell, and Vice Chief Judge Kent E. Cattani delivered the following decision.
• Court: Arizona Court of Appeals
• Date: 30 June 2020
• Parties: STATE OF ARIZONA, Respondent, v. NICHOLAS FREDDRICK RYE, Petitioner.
• Docket Number: 1 CA-CR 20-0137 PRPC

STATE OF ARIZONA, Respondent,

v.

NICHOLAS FREDDRICK RYE, Petitioner.

No. 1 CA-CR 20-0137 PRPC

Court of Appeals of Arizona, First Division

June 30, 2020

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Mohave County No. CR2008-1130 The Honorable Lee F. Jantzen, Judge.

Mohave County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent

Nicholas F. Rye, Florence Petitioner

Presiding Judge Paul J. McMurdie, Judge Jennifer B. Campbell, and Vice Chief Judge Kent E. Cattani delivered the following decision.

MEMORANDUM DECISION

PER CURIAM.

¶1Petitioner Nicholas F. Rye 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 Rye'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 (2012). It is the 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, 538, ¶ 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 the petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.