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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 23-0547 PRPC FILED 07-16-2024

Petition for Review from the Superior Court in Maricopa County No. CR 1987-001119 The Honorable Justin Beresky, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Maricopa County Attorney’s Office, Phoenix By Douglas Gerlach Counsel for Respondent Lamar Valden Simmons, Florence Petitioner STATE v. SIMMONS Decision of the Court

MEMORANDUM DECISION Presiding Judge Andrew M. Jacobs, Judge Jennifer M. Perkins, and Judge David D. Weinzweig delivered the decision of the Court.

PER CURIAM: ¶1 Petitioner Lamar Simmons seeks review of the superior court’s order denying his petition for post-conviction relief. This is the petitioner’s eighth 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, the petition for review, and the response and reply. We find that the petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.

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