State v. Raffaele ( 2024 )

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
SHANE ALAN RAFFAELE, Petitioner.
No. 1 CA-CR 23-0464 PRPC
FILED 10-03-2024
Petition for Review from the Superior Court in Maricopa County
No. CR2013-437445-001
The Honorable Jay R. Adleman, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Arizona Attorney General’s Office, Phoenix
By Veronica Skinner
Counsel for Respondent
Shane Alan Raffaele, Florence
Petitioner
STATE v. RAFFAELE
Decision of the Court
MEMORANDUM DECISION
Presiding Judge Maria Elena Cruz, Judge Samuel A. Thumma and Judge
Andrew M. Jacobs delivered the following decision.
PER CURIAM:
¶1 Petitioner Shane Alan Raffaele seeks review of the superior
court’s order denying his petition for post-conviction relief. This is
Raffaele’s second 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.
See 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 the petitioner has not established an abuse of
discretion.
¶4 We grant review but deny relief.
AMY M. WOOD • Clerk of the Court
FILED: TM
2