State v. Nazario

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

KEVIN EDWARD NAZARIO, Petitioner.

No. 1 CA-CR 21-0180 PRPC

FILED 9-30-2021

Petition for Review from the Superior Court in Maricopa County No. CR2014-001113-001

The Honorable Margaret R. Mahoney, Judge REVIEW GRANTED AND RELIEF DENIED

APPEARANCES

Maricopa County Attorney’s Office, Phoenix

By Amanda M. Parker

Counsel for Respondent

Kevin Edward Nazario, Florence

Petitioner STATE v. NAZARIO

Decision of the Court

MEMORANDUM DECISION

Presiding Judge Randall M. Howe, Judge Brian Y. Furuya, and Judge Michael J. Brown delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Kevin Edward Nazario 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 petitioner’s third 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 (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 relief, and the petition for review. We find that petitioner has not established an abuse of discretion.

¶4 For the foregoing reasons, we grant review and deny relief.

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