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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 17-0573 PRPC FILED 3-13-2018

Petition for Review from the Superior Court in Yavapai County No. P1300CR201300499 The Honorable Tina R. Ainley, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Yavapai County Attorney’s Office, Prescott By Sheila Sullivan Polk Counsel for Respondent Brian Anthony Gonzales, Kingman Petitioner

MEMORANDUM DECISION Presiding Judge Michael J. Brown, Judge Maria Elena Cruz, and Judge David D. Weinzweig delivered the decision of the Court.

STATE v. GONZALES Decision of the Court PER CURIAM: ¶1 Petitioner Brian Anthony Gonzales 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 first, untimely 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, ¶ 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