Arizona Court of Appeals, 2021

State v. Boucher

State v. Boucher
Arizona Court of Appeals · Decided May 11, 2021

State v. Boucher

Opinion

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

IN THE ARIZONA COURT OF APPEALS DIVISION ONE

STATE OF ARIZONA, Respondent, v. LAWRENCE EMILE BOUCHER, Petitioner.

No. 1 CA-CR 20-0475 PRPC FILED 5-11-2021

Appeal from the Superior Court in Mohave County No. S8015CR201301012 The Honorable Richard D. Lambert, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Mohave County Attorney’s Office, Kingman By Matthew J. Smith Counsel for Respondent Lawrence Emile Boucher, Florence Petitioner STATE v. BOUCHER Decision of the Court

MEMORANDUM DECISION Presiding Judge Kent E. Cattani, Judge Samuel A. Thumma, and Judge Brian Y. Furuya delivered the decision of the Court.

PER CURIAM: ¶1 Petitioner Lawrence Emile Boucher seeks review of the superior court’s order denying his petition for post-conviction relief. This is Boucher’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. We find that petitioner has not established an abuse of discretion.

¶4 We grant review and deny relief.

AMY M. WOOD • Clerk of the Court FILED: AA

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