No. 1 CA-CR 19-0310 PRPC
COUNSEL Kevin Webber, Grand Rapids, Michigan Petitioner Maricopa County Attorney's Office, Phoenix By Andrea L. Kever Counsel for Respondent
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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Appeal from the Superior Court in Maricopa County
Nos. CR2006-158050-001 CR2009-030776-001
The Honorable Michael D. Gordon, Judge
REVIEW GRANTED; RELIEF DENIED
Kevin Webber, Grand Rapids, Michigan
Maricopa County Attorney's Office, Phoenix
By Andrea L. Kever
Counsel for Respondent
Presiding Judge Samuel A. Thumma, Judge Randall M. Howe and Judge Diane M. Johnsen delivered the decision of the Court.
¶1 Petitioner Kevin Webber 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 first 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. Petitioner has not established an abuse of discretion.
¶4 For the foregoing reasons, we grant review but deny relief.