State v. Smith

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

CHRISTOPHER LEE SMITH, Petitioner.

No. 1 CA-CR 25-0363 PRPC
FILED 05-28-2026

Appeal from the Superior Court in Maricopa County
No. CR2008-102616-001
The Honorable Sam J. Myers, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix
By Philip D. Garrow
Counsel for Respondent

Christopher Lee Smith, Tucson
Petitioner

MEMORANDUM DECISION

Presiding Judge Michael J. Brown, Judge Veronika Fabian, and Vice Chief
Judge David D. Weinzweig delivered the decision of the Court.
STATE v. SMITH
Decision of the Court

PER CURIAM:

¶1 Petitioner Christopher Lee Smith seeks review of the superior
court’s order dismissing his petition for post-conviction relief. This is
Smith’s fifth petition.

¶2 Absent an abuse of discretion or error of law, we will not
disturb a superior court’s ruling on a petition for post-conviction relief.
State v. Gutierrez, 229 Ariz. 573, 577, ¶ 19 (2012). Smith bears the burden to
show the superior court abused its discretion by denying his 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. Smith has not established an abuse of discretion.

¶4 We therefore grant review and deny relief.

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

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