STATE v. THOMPSON

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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. OWEN ARVIE THOMPSON, Petitioner. No. 1 CA-CR 22-0156 PRPC FILED 11-22-2022 Petition for Review from the Superior Court in Maricopa County No. CR1997-012793 The Honorable Kathleen H. Mead, Judge REVIEW GRANTED; RELIEF DENIED COUNSEL Maricopa County Attorney’s Office, Phoenix By Krista Wood Counsel for Respondent Owen Arvie Thompson, Florence Petitioner STATE v. THOMPSON Decision of the Court MEMORANDUM DECISION Presiding Judge Jennifer M. Perkins, Judge James B. Morse Jr., and Judge Michael J. Brown delivered the decision of the Court. PER CURIAM: ¶1 Petitioner Owen Arvie Thompson seeks review of the superior court's order dismissing his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is petitioner's third petition after being retried but his fourth in the case overall. ¶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 amended 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: JT 2

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