STATE v. ST. PIERRE

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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. SCOTT ST. PIERRE, Petitioner. No. 1 CA-CR 19-0287 PRPC FILED 3-26-2020 Petition for Review from the Superior Court in Yavapai County No. P1300CR201301197 The Honorable Tina R. Ainley, Judge AFFIRMED COUNSEL Yavapai County Attorney’s Office, Prescott By Michael P. McGill Counsel for Respondent Gillespie Shields Goldfarb Taylor, Phoenix By Kristina B. Reeves, April Maxwell Counsel for Petitioner STATE v. ST. PIERRE Decision of the Court MEMORANDUM DECISION Presiding Judge Michael J. Brown delivered the decision of the Court, in which Judge Kenton D. Jones and Judge D. Steven Williams joined. B R O W N, Judge: ¶1 Petitioner Scott St. Pierre 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 second successive 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, ¶ 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 For the foregoing reasons, we grant review and deny relief. AMY M. WOOD • Clerk of the Court FILED: AA 2

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