State v. Kitko

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

FRANK G. KITKO, JR., Petitioner.

No. 1 CA-CR 24-0072 PRPC
FILED 03-20-2025

Petition for Review from the Superior Court in Maricopa County
No. CR2015-002647-001
The Honorable Mark H. Brain, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Grand Canyon Law Group LLC, Mesa
By Angela Poliquin
Counsel for Petitioner

Maricopa County Attorney’s Office, Phoenix
By Johnny Jacquez
Counsel for Respondent
 STATE v. KITKO
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Kent E. Cattani, Judge Samuel A. Thumma, and Judge
Angela K. Paton delivered the following decision.

PER CURIAM:

¶1 Petitioner Frank G. Kitko, Jr. seeks review of the superior
court’s order denying his petition for post-conviction relief. This is
petitioner’s second 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). A petitioner must 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, the superior court’s order
denying the petition for post-conviction relief, and the petition for review.
Petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.

MATTHEW J. MARTIN • Clerk of the Court
FILED: JR

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