STATE v. MCKENZIE

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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. MICHAEL OWEN MCKENZIE, Petitioner. No. 1 CA-CR 19-0198 PRPC FILED 9-26-2019 Appeal from the Superior Court in Mohave County No. S8015CR201300309 The Honorable Lee F. Jantzen, Judge REVIEW GRANTED; RELIEF DENIED COUNSEL Law Office of Francisco Leon, Tucson By Francisco Leon Counsel for Petitioner Mohave County Attorney’s Office, Kingman By Matthew J. Smith Counsel for Respondent STATE v. MCKENZIE Decision of the Court MEMORANDUM DECISION Presiding Judge Samuel A. Thumma, Judge Jennifer M. Perkins and Judge Paul J. McMurdie delivered the decision of the Court. PER CURIAM: ¶1 Petitioner Michael Owen Mckenzie 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. Petitioner has not established an abuse of discretion. ¶4 For the foregoing reasons, we grant review but deny relief. AMY M. WOOD • Clerk of the Court FILED: AA 2

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