Opinion
1 CA-CR 21-0467 PRPC
10-06-2022
STATE OF ARIZONA, Respondent, v. CURTIS SIMMONS, Petitioner.
Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent Curtis G. Simmons, San Luis Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Maricopa County No. CR 2010-005426-029 The Honorable Joseph C. Welty, Judge
Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent
Curtis G. Simmons, San Luis Petitioner
Vice Chief Judge David B. Gass, Judge Angela K. Paton, and Judge Cynthia J. Bailey delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Curtis Simmons seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's second petition for review. For the reasons stated, we grant review and deny 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, 278 P.3d 1276, 1280 (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, ¶ 1, 260 P.3d 1102, 1103 (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. We find that petitioner has not established an abuse of discretion.
¶4 We grant review and deny relief.