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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 22-0385 PRPC FILED 2-23-2023

Petition for Review from the Superior Court in Maricopa County No. CR1995-005573 The Honorable Michael W. Kemp, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Maricopa County Attorney’s Office, Phoenix By Douglas Gerlach Counsel for Respondent Law Office of Stephen L. Duncan PLC, Scottsdale By Stephen L. Duncan Counsel for Petitioner STATE v. HERRERA Decision of the Court

MEMORANDUM DECISION Presiding Judge Jennifer M. Perkins, Judge Angela K. Paton, and Judge D.

Steven Williams delivered the decision of the Court.

PER CURIAM: ¶1 Petitioner George Luis Herrera seeks review of the superior court’s order dismissing his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is his third 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, petition, and response. Petitioner has not established an abuse of discretion.

¶4 For the foregoing reasons, we grant review but deny relief.

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