State v. Leal

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.

CARLOS MORENO LEAL, Petitioner.

No. 1 CA-CR 22-0403 PRPC
FILED 3-21-2023

Petition for Review from the Superior Court in Yuma County
No. S1400CR201701293
The Honorable Brandon S. Kinsey, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Yuma County Attorney’s Office, Yuma
By Charles Platt
Counsel for Respondent

Yuma County Legal Defender’s Office, Yuma
By Zach Dumyahn
Counsel for Petitioner
 STATE v. LEAL
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Samuel A. Thumma, Judge Randall M. Howe, and Judge
Anni Hill Foster delivered the following decision.

PER CURIAM:

¶1 Petitioner Carlos Moreno Leal 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 Leal’s first petition.

¶2 Absent an abuse of discretion or legal error, this court will not
disturb a superior court’s ruling on a petition for post-conviction relief. See
State v. Gutierrez, 229 Ariz. 573, 577 ¶ 19 (2012). Petitioner has the burden to
show that the superior court erred in denying the petition for post-
conviction relief. See State v. Poblete, 227 Ariz. 537, 538 ¶ 1 (App. 2011).

¶3 This court has reviewed the record in this matter, the order
denying the petition for post-conviction relief and the petition for review.
This court finds the petitioner has not established error.

¶4 This court grants review but denies relief.

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

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