STATE v. BALTES

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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Respondent, v. DARREN LEE BALTES, Petitioner. No. 1 CA-CR 17-0559 PRPC FILED 2-20-2018 Petition for Review from the Superior Court in Mohave County No. CR-2009-00215 The Honorable Rick A. Williams, Judge REVIEW GRANTED; RELIEF DENIED COUNSEL Mohave County Attorney’s Office, Kingman By Matthew J. Smith Counsel for Respondent Darren Lee Baltes, Eloy Petitioner MEMORANDUM DECISION Presiding Judge Jon W. Thompson, Judge Peter B. Swann, and Judge James P. Beene delivered the decision of the Court. STATE v. BALTES Decision of the Court P E R C U R I A M: ¶1 Petitioner Darren Lee Baltes 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. ¶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, 576-77, ¶ 19 (2012). It is the petitioner’s burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011). ¶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 shown an abuse of discretion. ¶4 Accordingly, we grant review and deny relief. AMY M. WOOD • Clerk of the Court FILED: AA 2