STATE v. VALANDINGHAM

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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. ERVIN THEODORE VALANDINGHAM, JR., Petitioner No. 1 CA-CR 19-0250 PRPC FILED 12-12-2019 Petition for Review from the Superior Court in Maricopa County No. CR 2012-123294-001 The Honorable Richard L. Nothwehr, Judge Pro Tempore REVIEW GRANTED; RELIEF DENIED COUNSEL Brown & Little PLC, Chandler By Matthew O. Brown Counsel for Petitioner Maricopa County Attorney’s Office, Phoenix By Andrea L. Kever Counsel for Respondent STATE v. VALANDINGHAM Decision of the Court MEMORANDUM DECISION Presiding Judge Jennifer B. Campbell, Judge Lawrence F. Winthrop, and Judge Michael J. Brown delivered the decision of the Court. PER CURIAM: ¶1 Petitioner Ervin Theodore Valandingham, Jr., 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 petitioner’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 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 (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 2

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