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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 22-0105 PRPC FILED 1-17-2023

Petition for Review from the Superior Court in Mohave County No. S8015CR201800673 The Honorable Billy K. Sipe Jr., Judge Pro Tempore REVIEW GRANTED; RELIEF DENIED

COUNSEL Mohave County Attorney’s Office, Kingman By Matthew J. Smith Counsel for Respondent Jeremiah Michael Burgess, Eloy Petitioner STATE v. BURGESS Decision of the Court

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

PER CURIAM: ¶1 Petitioner Jeremiah Burgess 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 Burgess’ first 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 the 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 the petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.

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