Opinion
1 CA-CR 22-0081 PRPC
10-25-2022
STATE OF ARIZONA, Respondent, v. CHRISTOPHER LEE SMITH, Petitioner.
Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent Christopher Lee Smith, Tucson Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Maricopa County No. CR2008-102616-001 The Honorable Sam J. Myers, Judge
Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent
Christopher Lee Smith, Tucson Petitioner
Presiding Judge Samuel A. Thumma, Judge Cynthia J. Bailey, and Vice Chief Judge David B. Gass delivered the following decision.
MEMORANDUM DECISION
PER CURIAM.
¶1 Petitioner Christopher Lee Smith 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 Smith's fourth petition.
¶2 Absent an abuse of discretion or legal error, 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). Petitioner has the burden to show that the superior court erred in denying the petition for postconviction relief. See State v. Poblete, 227 Ariz. 537, 538 ¶ 1 (App. 2011).
¶3 This court has reviewed the record in this matter, the order denying the petition for post-conviction relief and the petition for review. This court finds the petitioner has not established error.
¶4 This court grants review but denies relief.