STATE v. SHINE
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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. LEE PENNELL SHINE, JR., Petitioner. No. 1 CA-CR 22-0011 PRPC FILED 9-8-2022 Petition for Review from the Superior Court in Maricopa County No. CR2012-005450-002 The Honorable Danielle J. Viola, Judge REVIEW GRANTED; RELIEF DENIED COUNSEL Maricopa County Attorney’s Office, Phoenix By Krista Wood Counsel for Respondent Lee Pennell Shine, Jr., Buckeye Petitioner STATE v. SHINE Decision of the Court MEMORANDUM DECISION Presiding Judge Maria Elena Cruz, Judge Angela K. Paton, and Judge Peter B. Swann delivered the decision of the Court. PER CURIAM: ¶1 Petitioner Lee Pennell Shine, Jr. seeks review of the superior court’s order denying his petition for post-conviction relief. This is petitioner’s third 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 (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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