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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 21-0418 PRPC FILED 2-8-2022

Petition for Review from the Superior Court in Maricopa County No. CR1995-000250 The Honorable Geoffrey Fish, Judge REVIEW GRANTED AND RELIEF DENIED

APPEARANCES Maricopa County Attorney’s Office, Phoenix By Daniel Strange Counsel for Respondent Gary Finley, Buckeye Petitioner STATE v. FINLEY Decision of the Court

MEMORANDUM DECISION Presiding Judge Jennifer B. Campbell, Judge James B. Morse Jr., and Judge David B. Gass delivered the decision of the Court.

P E R C U R I A M: ¶1 Petitioner Gary Finley seeks review of the superior court’s order denying his fifth petition for post-conviction relief.

¶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, the petition for review, and response. We find that petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.

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