State v. Colella

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 22-0091 PRPC FILED 2-28-2023

Petition for Review from the Superior Court in Mohave County No. S8015CR201801921 The Honorable Derek C. Carlisle, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Mohave County Attorney’s Office, Kingman By Matthew J. Smith Counsel for Respondent Anthony Michael Colella, Jr., Buckeye Petitioner STATE v. COLELLA Decision of the Court

MEMORANDUM DECISION Presiding Judge Cynthia J. Bailey, Judge Jennifer B. Campbell, and Judge David D. Weinzweig delivered the decision of the Court.

PER CURIAM: ¶1 Petitioner Anthony Michael Colella, Jr. seeks review of the superior court’s order denying his petition for post-conviction relief. This is petitioner’s fifth 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. We find that petitioner has not established an abuse of discretion.

¶4 We grant review and deny relief.

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