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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 22-0164 PRPC FILED 11-8-2022

Petition for Review from the Superior Court in Yuma County No. S1400CR200900687 The Honorable Mark W. Reeves, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Yuma County Attorney’s Office, Yuma By Jon R. Smith Counsel for Respondent Steven Yarrito, Florence Petitioner STATE v. YARRITO Decision of the Court

MEMORANDUM DECISION Presiding Judge Brian Y. Furuya, Judge Jennifer B. Campbell, and Judge Paul J. McMurdie delivered the decision of the Court.

PER CURIAM: ¶1 Petitioner Steven Yarrito seeks review of the superior court’s order denying his petition for post-conviction relief. This is petitioner’s latest successive 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, 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 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