Opinion
1 CA-CR 21-0516 PRPC
03-29-2022
STATE OF ARIZONA, Respondent, v. EUGENE JOSEPH COFSKY, Petitioner.
Mohave County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent Eugene Joseph Cofsky, Yuma Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Mohave County No. CR 2000-0595 The Honorable Richard D. Lambert, Judge
Mohave County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent
Eugene Joseph Cofsky, Yuma Petitioner
Presiding Judge Cynthia J. Bailey, Judge Peter B. Swann and Judge D. Steven Williams delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Eugene Joseph Cofsky seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's second 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.