Opinion
1 CA-CR 23-0001 PRPC
06-29-2023
STATE OF ARIZONA, Respondent, v. LESTER MACBETH, Petitioner.
Maricopa County Attorney's Office, Phoenix By Faith Cheree Klepper Counsel for Respondent The Stavris Law Firm, PLLC, Scottsdale By Christopher Stavris Counsel for Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Maricopa County No. CR0000-105226 CR0000-105587 The Honorable Mark H. Brain, Judge
Maricopa County Attorney's Office, Phoenix By Faith Cheree Klepper Counsel for Respondent
The Stavris Law Firm, PLLC, Scottsdale By Christopher Stavris Counsel for Petitioner
Presiding Judge Cynthia J. Bailey, Judge Jennifer B. Campbell, and Judge David D. Weinzweig delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Lester MacBeth seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's second successive 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, 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.