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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 21-0476 PRPC FILED 2-8-2022

Petition for Review from the Superior Court in Maricopa County No. CR2013-003278-001 The Honorable Timothy J. Ryan, Judge REVIEW GRANTED AND RELIEF DENIED

APPEARANCES Maricopa County Attorney’s Office, Phoenix By Amanda M. Parker Counsel for Respondent James Allen Day, Florence Petitioner STATE v. DAY Decision of the Court

MEMORANDUM DECISION Presiding Judge Jennifer B. Campbell, Judge Randall M. Howe, and Judge Brian Y. Furuya, delivered the decision of the Court.

P E R C U R I A M: ¶1 Petitioner James Allen Day seeks review of the superior court’s order denying his second 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 and the petition for review. 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