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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
WADE THOMAS HUTCHINS, Petitioner.
No. 1 CA-CR 17-0561 PRPC
FILED 2-13-2018
Petition for Review from the Superior Court in Maricopa County
No. CR1995-002332
CR1995-003684
CR1995-011742
The Honorable Mark H. Brain, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Arizona Attorney General's Office, Phoenix
By Joseph T. Maziarz
Counsel for Respondent
Wade Thomas Hutchins, Florence
Petitioner
STATE v. HUTCHINS
Decision of the Court
MEMORANDUM DECISION
Presiding Judge Diane M. Johnsen, Judge Kent E. Cattani and Judge
Jennifer M. Perkins delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner Wade Thomas Hutchins 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
third 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 For the foregoing reasons, we grant review and deny relief.
AMY M. WOOD • Clerk of the Court
FILED: AA
2
State v. Hutchins
Combined Opinion