STATE v. ANDERSON

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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. TONY MICHAEL ANDERSON, Petitioner. No. 1 CA-CR 21-0129 PRPC FILED 8-24-2021 Petition for Review from the Superior Court in Mohave County No. S8015CR201400357 The Honorable Richard D. Lambert, Judge REVIEW GRANTED; RELIEF DENIED COUNSEL Mohave County Attorney’s Office, Kingman By Amanda Claerhout Counsel for Respondent Law Offices of Harriette P. Levitt, Tucson By Harriette P. Levitt Counsel for Petitioner STATE v. ANDERSON Decision of the Court MEMORANDUM DECISION Presiding Judge Jennifer B. Campbell, Judge Samuel A. Thumma, and Chief Judge Kent E. Cattani delivered the decision of the Court. PER CURIAM: ¶1 Petitioner Tony Michael Anderson seeks review of the superior court’s order denying his first petition for post-conviction relief. ¶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 and response. We find that petitioner has not established an abuse of discretion. ¶4 We grant review but deny relief. AMY M. WOOD • Clerk of the Court FILED: AA 2

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