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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 19-0164 PRPC FILED 10-31-2019

Petition for Review from the Superior Court in Mohave County No. S8015CR201501152 The Honorable Richard D. Lambert, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Mohave County Attorney’s Office, Kingman By Matthew J. Smith Counsel for Respondent The Stavris Law Firm, P.L.L.C., Scottsdale By Alison Stavris Counsel for Petitioner STATE v. ABBOTT Decision of the Court

MEMORANDUM DECISION Presiding Judge Kenton D. Jones, Judge James B. Morse Jr., and Judge Diane M. Johnsen delivered the decision of the Court.

P E R C U R I A M: ¶1 Jesse Abbott seeks review of the superior court’s order dismissing his petition for post-conviction relief (PCR), filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is the petitioner’s first PCR 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, 576-77, ¶ 19 (2012). It is the petitioner’s burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).

¶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 the petitioner has not shown any abuse of discretion.

¶4 Accordingly, we grant review and deny relief.

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