State v. Heiden ( 2021 )

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
JOHN WESLEY HEIDEN, Petitioner.
No. 1 CA-CR 21-0128 PRPC
FILED 8-26-2021
Petition for Review from the Superior Court in Yavapai County
No. P1300CR0970517
The Honorable Krista M. Carman, Judge
REVIEW GRANTED; RELIEF DENIED
APPEARANCES
Yavapai County Attorney’s Office, Prescott
By Sheila Polk
Counsel for Respondent
John Wesley Heiden, Florence
Petitioner
MEMORANDUM DECISION
Presiding Judge D. Steven Williams, Judge David B. Gass, and Judge James
B. Morse Jr. delivered the decision of the Court.
STATE v. HEIDEN
Decision of the Court
PER CURIAM:
¶1 Petitioner John Wesley Heiden 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, 278 P.3d 1276, 1280 (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, 260 P.3d 1102, 1103 (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 For the foregoing reasons, this court grants review but denies
relief.
AMY M. WOOD • Clerk of the Court
FILED: AA
2