STATE v. ARIAS

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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. GENARO LOPEZ ARIAS, Petitioner. No. 1 CA-CR 20-0027 PRPC FILED 8-27-2020 Appeal from the Superior Court in Maricopa County Nos. CR2007-155771-002 CR2009-150166-002 The Honorable Kathleen H. Mead, Judge REVIEW GRANTED; RELIEF DENIED COUNSEL Pucino Law Office, LLC, Phoenix By Lynn A. Pucino Counsel for Petitioner Maricopa County Attorney’s Office, Phoenix By Robert E. Prather Counsel for Respondent STATE v. ARIAS Decision of the Court MEMORANDUM DECISION Presiding Judge Samuel A. Thumma delivered the decision of the Court, in which Judge D. Steven Williams and Judge David D. Weinzweig joined. PER CURIAM: ¶1 Petitioner Genaro Lopez Arias 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 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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