Opinion
No. 1 CA-CR 20-0070 PRPC
06-16-2020
STATE OF ARIZONA, Respondent, v. DOUGLAS BORCHERS, Petitioner.
COUNSEL Douglas Borchers, Florence Petitioner Coconino County Attorney's Office, Flagstaff By Mark Huston 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Coconino County
No. CR1974-006459
The Honorable Mark R. Moran, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Douglas Borchers, Florence
Petitioner
Coconino County Attorney's Office, Flagstaff
By Mark Huston
Counsel for Respondent
MEMORANDUM DECISION
Presiding Judge Samuel A. Thumma, Judge Randall M. Howe and Judge Cynthia J. Bailey delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner Douglas Borchers 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 third 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.