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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 22-0403 PRPC FILED 3-21-2023

Petition for Review from the Superior Court in Yuma County No. S1400CR201701293 The Honorable Brandon S. Kinsey, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Yuma County Attorney’s Office, Yuma By Charles Platt Counsel for Respondent Yuma County Legal Defender’s Office, Yuma By Zach Dumyahn Counsel for Petitioner STATE v. LEAL Decision of the Court

MEMORANDUM DECISION Presiding Judge Samuel A. Thumma, Judge Randall M. Howe, and Judge Anni Hill Foster delivered the following decision.

PER CURIAM: ¶1 Petitioner Carlos Moreno Leal 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 Leal’s first petition.

¶2 Absent an abuse of discretion or legal error, this court will not disturb a superior court’s ruling on a petition for post-conviction relief. See State v. Gutierrez, 229 Ariz. 573, 577 ¶ 19 (2012). Petitioner has the burden to show that the superior court erred in denying the petition for post- conviction relief. See State v. Poblete, 227 Ariz. 537, 538 ¶ 1 (App. 2011).

¶3 This court has reviewed the record in this matter, the order denying the petition for post-conviction relief and the petition for review.

This court finds the petitioner has not established error.

¶4 This court grants review but denies relief.

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