State v. Gutierrez

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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

EDGAR GUTIERREZ, Petitioner.

No. 1 CA-CR 23-0035 PRPC FILED 5-25-2023

Petition for Review from the Superior Court in Yuma County No. S1400CR201900534

The Honorable Roger A. Nelson, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Yuma County Attorney’s Office, Yuma By Jon R. Smith Counsel for Respondent

E.M. Hale Law, PLLC, Lakeside By Elizabeth M. Hale Counsel for Petitioner STATE v. GUTIERREZ Decision of the Court

MEMORANDUM DECISION

Presiding Judge Paul J. McMurdie, Judge Michael J. Brown, and Judge Michael S. Catlett delivered the following decision.

PER CURIAM:

¶1 Petitioner Edgar Gutierrez seeks review of the superior court’s order denying his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32. This is Petitioner’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 (2012). It is the 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 the petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.

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