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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 23-0464 PRPC FILED 10-03-2024

Petition for Review from the Superior Court in Maricopa County No. CR2013-437445-001 The Honorable Jay R. Adleman, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Arizona Attorney General’s Office, Phoenix By Veronica Skinner Counsel for Respondent Shane Alan Raffaele, Florence Petitioner STATE v. RAFFAELE Decision of the Court

MEMORANDUM DECISION Presiding Judge Maria Elena Cruz, Judge Samuel A. Thumma and Judge Andrew M. Jacobs delivered the following decision.

PER CURIAM: ¶1 Petitioner Shane Alan Raffaele seeks review of the superior court’s order denying his petition for post-conviction relief. This is Raffaele’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.

See 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. We find the petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.

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