STATE v. SHEPHARD

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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. TICHINA SHEPHARD, Petitioner. No. 1 CA-CR 23-0151 PRPC FILED 11-30-2023 Petition for Review from the Superior Court in Maricopa County No. CR2017-005699-002 The Honorable Danielle. J. Viola, Judge REVIEW GRANTED; RELIEF DENIED COUNSEL Maricopa County Attorney’s Office, Phoenix By Douglas Gerlach Counsel for Respondent Brown and Little, PLC, Chandler By Matthew O. Brown Counsel for Petitioner STATE v. SHEPHARD Decision of the Court MEMORANDUM DECISION Presiding Judge Michael J. Brown, Judge Andrew M. Jacobs, and Judge Angela K. Paton delivered the decision of the Court. PER CURIAM: ¶1 Petitioner Tichina Shephard seeks review of the superior court’s order denying her petition for post-conviction relief. This is her 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, 278 P.3d 1276, 1280 (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, P.3d 1102, 1103 (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 state’s response. We find that petitioner has not established an abuse of discretion. ¶4 We grant review and deny relief. AMY M. WOOD • Clerk of the Court FILED: AA 2

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