Opinion
1 CA-CR 22-0097 PRPC
11-22-2022
STATE OF ARIZONA, Petitioner, v. CARMEN BRENDA LEE GONZALEZ, Respondent.
Yuma County Attorney's Office, Yuma By Charles V. S. Platt Counsel for Petitioner Yuma County Legal Defender's Office, Yuma By Zachary John Dumyahn Counsel for Respondent
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Yuma County No. S1400CR201800578 The Honorable Brandon S. Kinsey, Judge
Yuma County Attorney's Office, Yuma By Charles V. S. Platt Counsel for Petitioner
Yuma County Legal Defender's Office, Yuma By Zachary John Dumyahn Counsel for Respondent
Presiding Judge Jennifer M. Perkins, Judge James B. Morse Jr., and Judge Michael J. Brown delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM.
¶1 Petitioner State of Arizona seeks review of the superior court's order granting Carmen Brenda Lee Gonzalez's petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1.
¶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.