Opinion
No. 1 CA-CR 17-0230 PRPC
01-04-2018
STATE OF ARIZONA, Respondent, v. ARTHUR ANDREW LEYBA, Petitioner.
COUNSEL Mohave County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent Arthur Andrew Leyba, Florence 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Mohave County
No. S8015CR201100415
The Honorable Steven F. Conn, Retired Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Mohave County Attorney's Office, Kingman
By Matthew J. Smith
Counsel for Respondent
Arthur Andrew Leyba, Florence
Petitioner
MEMORANDUM DECISION
Presiding Judge Kenton D. Jones, Judge Jon W. Thompson, and Judge Jennifer M. Perkins delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner Arthur Leyba 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 the 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, 576-77, ¶ 19 (2012). It is the petitioner's burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).
¶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 shown any abuse of discretion.
¶4 Accordingly, we grant review and deny relief.