Opinion
No. 1 CA-CR 19-0147 PRPC
11-19-2019
STATE OF ARIZONA, Respondent, v. BRENT FITZGERALD DUKE, Petitioner.
APPEARANCES Coconino County Attorney's Office, Flagstaff By Mark D. Huston Counsel for Respondent Brent Fitzgerald Duke, Buckeye 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Navajo County
Nos. S0900CR201400538 S0900CR201500155 S0900CR201500407
The Honorable Ralph E. Hatch, Judge
REVIEW GRANTED; RELIEF DENIED
APPEARANCES
Coconino County Attorney's Office, Flagstaff
By Mark D. Huston
Counsel for Respondent
Brent Fitzgerald Duke, Buckeye
Petitioner
MEMORANDUM DECISION
Presiding Judge Jennifer B. Campbell delivered the decision of the Court, in which Judges Lawrence F. Winthrop and Michael J. Brown joined.
PER CURIAM:
¶1 Petitioner Brent Fitzgerald Duke 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, untimely petition for review.
¶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.