Opinion
1 CA-CR 23-0547 PRPC
07-16-2024
STATE OF ARIZONA, Respondent, v. LAMAR VALDEN SIMMONS, Petitioner.
Maricopa County Attorney's Office, Phoenix By Douglas Gerlach Counsel for Respondent Lamar Valden Simmons, 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Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court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. CR 1987-001119 The Honorable Justin Beresky, Judge
Maricopa County Attorney's Office, Phoenix By Douglas Gerlach Counsel for Respondent
Lamar Valden Simmons, Florence Petitioner
Presiding Judge Andrew M. Jacobs, Judge Jennifer M. Perkins, and Judge David D. Weinzweig delivered the decision of the Court.
MEMORANDUM DECISION
PER CURIAM.
¶1 Petitioner Lamar Simmons seeks review of the superior court's order denying his petition for post-conviction relief. This is the petitioner's eighth 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, the petition for review, and the response and reply. We find that the petitioner has not established an abuse of discretion.
¶4 We grant review but deny relief.