Opinion
No. 1 CA-CR 16-0331 PRPC
03-13-2018
STATE OF ARIZONA, Respondent, v. REYMUNDO RIVERA LAZO, Petitioner.
COUNSEL Yuma County Attorney's Office, Yuma By Charles V. S. Platt Counsel for Respondent Yuma County Legal Defender's Office, Yuma By Terri L. Capozzi Counsel for Petitioner
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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Petition for Review from the Superior Court in Yuma County
No. S1400CR200300762
The Honorable John Neff Nelson, Judge (Retired)
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Yuma County Attorney's Office, Yuma
By Charles V. S. Platt
Counsel for Respondent
Yuma County Legal Defender's Office, Yuma
By Terri L. Capozzi
Counsel for Petitioner
MEMORANDUM DECISION
Presiding Judge Lawrence F. Winthrop, Judge Jennifer B. Campbell, and Judge Paul J. McMurdie delivered the decision of the Court.
PER CURIAM :
¶1 Petitioner Reymundo Rivera Lazo seeks review of the superior court's order denying his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is petitioner's 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 relief, and the petition for review. We find that petitioner has not established an abuse of discretion.
¶4 We grant review but deny relief.