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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

No. 1 CA-CR 24-0575 PRPC FILED 04-24-2025 Petition for Review from the Superior Court in Maricopa County No. CR1995-008243 The Honorable Joseph Shayne Kiefer, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Maricopa County Attorney’s Office, Phoenix By Philip D. Garrow Counsel for Respondent Gerardo Guytan, Buckeye Petitioner

MEMORANDUM DECISION Presiding Judge Kent E. Cattani, Judge Samuel A. Thumma, and Judge Angela K. Paton delivered the decision of the Court.

STATE v. GUYTAN Decision of the Court PER CURIAM: ¶1 Petitioner Gerardo Guytan seeks review of the superior court’s orders dismissing his fourth petition for post-conviction relief.

¶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 erred in denying his 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. His claims were precluded by his earlier petitions. Ariz. R. Crim. P. 32.2(a)(2), (3). Petitioner has not established error.

¶4 We grant review but deny relief.

MATTHEW J. MARTIN • Clerk of the Court FILED: JR