Opinion
1 CA-CR 22-0158 PRPC
02-14-2023
STATE OF ARIZONA, Respondent, v. BUCK EARL PETERSON, Petitioner.
Navajo County Attorney's Office, Holbrook By Bradley W. Carlyon Counsel for Respondent The Brewer Law Office, Show Low By Benjamin M. Brewer Counsel for Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition of Review from the Superior Court in Navajo County No. S0900CR201700758 The Honorable Dale P. Nielson, Judge
Navajo County Attorney's Office, Holbrook By Bradley W. Carlyon Counsel for Respondent
The Brewer Law Office, Show Low By Benjamin M. Brewer Counsel for Petitioner
Presiding Judge Jennifer M. Perkins, Judge James B. Morse Jr., and Judge Michael J. Brown delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Buck Earl Peterson 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 first 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, and the petition. Petitioner has not established an abuse of discretion.
¶4 For the foregoing reasons, we grant review but deny relief.