Opinion
1 CA-CR 21-0245 PRPC
10-28-2021
STATE OF ARIZONA, Respondent, v. BILLY BART SAIN, Petitioner.
Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent Billy Bart Sain, Yuma Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Maricopa County No. CR2017-109585-001 The Honorable Christopher Whitten, Judge
Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent
Billy Bart Sain, Yuma Petitioner
Presiding Judge D. Steven Williams, Judge David B. Gass, and Judge James B. Morse Jr. delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Billy Bart Sain seeks review of the superior court's order denying his petition for post-conviction relief. This is 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, 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. The petitioner has failed to show an abuse of discretion.
¶4 For the foregoing reasons, this court grants review but denies relief.