State v. Ramirez ( 2023 )


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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    UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
    RICARDO RAMIREZ, Petitioner.
    No. 1 CA-CR 22-0173 PRPC
    FILED 2-28-2023
    Petition for Review from the Superior Court in Maricopa County
    No. CR2008-155341-001
    The Honorable Adam D. Driggs, Judge
    REVIEW GRANTED; RELIEF DENIED
    COUNSEL
    Maricopa County Attorney’s Office, Phoenix
    By Krista Wood
    Counsel for Respondent
    Ricardo Ramirez, Florence
    Petitioner
    STATE v. RAMIREZ
    Decision of the Court
    MEMORANDUM DECISION
    Presiding Judge Cynthia J. Bailey, Judge Jennifer B. Campbell, and Judge
    David D. Weinzweig delivered the decision of the Court.
    PER CURIAM:
    ¶1             Petitioner Ricardo Ramirez seeks review of the superior
    court’s order denying his petition for post-conviction relief. This is
    petitioner’s sixth successive 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, 
    260 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, and the petition
    for review. 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
    

Document Info

Docket Number: 1 CA-CR 22-0173-PRPC

Filed Date: 2/28/2023

Precedential Status: Non-Precedential

Modified Date: 2/28/2023