Opinion
No. 1 CA-CR 20-0370 PRPC
02-02-2021
STATE OF ARIZONA, Respondent, v. KENNETH LEANDER BRANDY, Petitioner.
COUNSEL Maricopa County Attorney's Office, Phoenix By Jeffrey R. Duvendack Counsel for Respondent Kenneth Leander Brandy, Eloy Petitioner
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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Petition for Review from the Superior Court in Maricopa County
No. CR2017-126834-001
The Honorable Richard L. Nothwehr, Judge Pro Tempore
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Maricopa County Attorney's Office, Phoenix
By Jeffrey R. Duvendack
Counsel for Respondent
Kenneth Leander Brandy, Eloy
Petitioner
MEMORANDUM DECISION
Presiding Judge Jennifer M. Perkins, Judge Randall M. Howe, and Judge Maria Elena Cruz delivered the decision of the Court
PER CURIAM:
¶1 Petitioner Kenneth Leander Brandy 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, petition for review, and response. Petitioner has not established an abuse of discretion.
¶4 For the foregoing reasons, we grant review but deny relief.