State v. Jones

• Court: Court of Appeals of Arizona
• Decided: January 3, 2019
• Docket: 1 CA-CR 18-0646-PRPC
• Status: Unpublished

Opinion

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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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.

CLARENCE AUBURN JONES, JR., Petitioner.

No. 1 CA-CR 18-0646 PRPC FILED 1-3-19

Petition for Review from the Superior Court in Yavapai County No. P1300CR201401113 The Honorable Tina R. Ainley, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Yavapai County Attorney's Office, Prescott By Sheila Sullivan Polk Counsel for Respondent

Clarence Auburn Jones, Jr., Florence Petitioner

MEMORANDUM DECISION

Presiding Judge Diane M. Johnsen, Judge Maria Elena Cruz and Judge Randall M. Howe delivered the decision of the Court. STATE v. JONES Decision of the Court

PER CURIAM:

¶1 Petitioner Clarence Auburn Jones, Jr. seeks review of the superior court's order denying his first but untimely petition for post- conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1.

¶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 (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, 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. Petitioner has not established an abuse of discretion.

¶4 For the foregoing reasons, we grant review but deny relief.

AMY M. WOOD • Clerk of the Court FILED: JT