State v. Heiden

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

JOHN WESLEY HEIDEN, Petitioner.

No. 1 CA-CR 21-0128 PRPC

FILED 8-26-2021

Petition for Review from the Superior Court in Yavapai County No. P1300CR0970517

The Honorable Krista M. Carman, Judge REVIEW GRANTED; RELIEF DENIED

APPEARANCES

Yavapai County Attorney’s Office, Prescott

By Sheila Polk

Counsel for Respondent

John Wesley Heiden, 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. HEIDEN

Decision of the Court

PER CURIAM:

¶1 Petitioner John Wesley Heiden 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