Opinion
1 CA-CR 21-0289 PRPC
11-16-2021
STATE OF ARIZONA, Respondent, v. ANTHONY ARTEZ WHITMORE, Petitioner.
Anthony Artez Whitmore, Florence Petitioner Maricopa County Attorney's Office, Phoenix By Amanda Parker Counsel for Respondent
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Maricopa County No. CR2013-002730-003 The Honorable Frank W. Moskowitz, Judge
Anthony Artez Whitmore, Florence Petitioner
Maricopa County Attorney's Office, Phoenix By Amanda Parker Counsel for Respondent
Presiding Judge Samuel A. Thumma, Chief Judge Kent E. Cattani and Judge Paul J. McMurdie delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM.
¶1 Petitioner Anthony Artez Whitmore 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 Whitmore'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.