State v. Yarrito

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.

STEVEN YARRITO, Petitioner.

No. 1 CA-CR 22-0164 PRPC
FILED 11-8-2022

Petition for Review from the Superior Court in Yuma County
No. S1400CR200900687
The Honorable Mark W. Reeves, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Yuma County Attorney’s Office, Yuma
By Jon R. Smith
Counsel for Respondent

Steven Yarrito, Florence
Petitioner
 STATE v. YARRITO
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Brian Y. Furuya, Judge Jennifer B. Campbell, and Judge
Paul J. McMurdie delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Steven Yarrito seeks review of the superior court’s
order denying his petition for post-conviction relief. This is petitioner’s
latest 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, 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 that petitioner has not established an abuse of
discretion.

¶4 We grant review but deny relief.

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

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