STATE v. FLECKENSTEIN

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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. SUSAN ANNE FLECKENSTEIN, Petitioner. No. 1 CA-CR 21-0243 PRPC FILED 12-23-2021 Petition for Review from the Superior Court in Maricopa County No. CR1993-090294 The Honorable Jennifer C. Ryan-Touhill, Judge REVIEW GRANTED AND RELIEF DENIED COUNSEL Maricopa County Attorney’s Office, Phoenix By Jeffrey R. Duvendack Counsel for Respondent The Nolan Law Firm PLLC, Mesa By Todd E. Nolan Counsel for Petitioner STATE v. FLECKENSTEIN Decision of the Court MEMORANDUM DECISION Presiding Judge Randall M. Howe, Judge Brian Y. Furuya, and Judge Michael J. Brown delivered the decision of the court. PER CURIAM: ¶1 Petitioner Susan Anne Fleckenstein seeks review of the superior court’s order denying her 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, the petition for review, and the response. 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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