Opinion
1 CA-CR 22-0348 PRPC
02-23-2023
STATE OF ARIZONA, Respondent, v. BRYAN LAMAR COUNTS, Petitioner.
Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent Bryan Lamar Counts, Florence Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Maricopa County No. CR2012-107914-001, CR2017-151428-001 The Honorable Kevin B. Wein, Judge
Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent
Bryan Lamar Counts, Florence Petitioner
Presiding Judge Jennifer M. Perkins, Judge Angela K. Paton, and Judge D. Steven Williams delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Bryan Lamar Counts 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 second 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 dismissing the petition for post-conviction and petition. Petitioner has not established an abuse of discretion.
¶4 For the foregoing reasons, we grant review but deny relief.