Opinion
1 CA-CR 23-0206 PRPC
12-12-2023
STATE OF ARIZONA, Respondent, v. LEVI EULALIO MADRIGAL, Petitioner.
Yuma County Attorney's Office, Yuma By Charles Platt Counsel for Respondent DM Cantor, Phoenix By Courtney R. Sullivan David E. Campbell Counsel for Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Yuma County No. S1400CR201700005 The Honorable David M. Haws, Judge
Yuma County Attorney's Office, Yuma
By Charles Platt
Counsel for Respondent
DM Cantor, Phoenix
By Courtney R. Sullivan David E. Campbell
Counsel for Petitioner
Presiding Judge James B. Morse Jr., Judge Cynthia J. Bailey, and Judge Brian Y Furuya delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Levi Eulalio Madrigal 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 his 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, petition for review, response, and reply. Petitioner has not established an abuse of discretion.
¶4 For the foregoing reasons, we grant review but deny relief.