State v. Colella ( 2023 )

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
ANTHONY MICHAEL COLELLA, JR., Petitioner.
No. 1 CA-CR 22-0091 PRPC
FILED 2-28-2023
Petition for Review from the Superior Court in Mohave County
No. S8015CR201801921
The Honorable Derek C. Carlisle, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Mohave County Attorney’s Office, Kingman
By Matthew J. Smith
Counsel for Respondent
Anthony Michael Colella, Jr., Buckeye
Petitioner
STATE v. COLELLA
Decision of the Court
MEMORANDUM DECISION
Presiding Judge Cynthia J. Bailey, Judge Jennifer B. Campbell, and Judge
David D. Weinzweig delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner Anthony Michael Colella, Jr. seeks review of the
superior court’s order denying his petition for post-conviction relief. This is
petitioner’s fifth 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. 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