STATE v. MARTINEAU
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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. ROCKNEY W. MARTINEAU, Petitioner. No. 1 CA-CR 20-0452 PRPC FILED 5-6-2021 Appeal from the Superior Court in Maricopa County No. CR2016-001315-002 The Honorable M. Scott McCoy, Judge REVIEW GRANTED; RELIEF DENIED APPEARANCES Rockney W. Martineau, Eloy Petitioner STATE v. MARTINEAU Decision of the Court MEMORANDUM DECISION Presiding Judge D. Steven Williams which Judge Jennifer B. Campbell and Judge James B. Morse Jr. delivered the decision of the Court. PER CURIAM: ¶1 Petitioner Rockney W. Martineau 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 first 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, 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. The petitioner has failed to show an abuse of discretion. ¶4 relief. For the foregoing reasons, this court grants review but denies AMY M. WOOD • Clerk of the Court FILED: AA 2
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