Opinion
1 CA-CR 22-0500 PRPC
04-06-2023
STATE OF ARIZONA, Respondent, v. KEVIN LEE FRANCOIS, Petitioner.
Maricopa County Attorney's Office, Phoenix By Daniel Strange Counsel for Respondent Law Office of Katia Mehu, Phoenix By Katia Mehu Counsel for Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Maricopa County No. CR2010-006046-001 The Honorable Jo Lynn Gentry, Judge
Maricopa County Attorney's Office, Phoenix By Daniel Strange Counsel for Respondent
Law Office of Katia Mehu, Phoenix By Katia Mehu Counsel for Petitioner
Presiding Judge Maria Elena Cruz, Judge James B. Morse Jr., and Judge Daniel J. Kiley delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Kevin Lee Francois seeks review of the superior court's order denying his petition for post-conviction relief. 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. We find that petitioner has not established an abuse of discretion.
¶4 We grant review and deny relief.