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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. JOSE FRANCISCO PUENTES, Petitioner. No. 1 CA-CR 21-0007 PRPC FILED 7-15-2021 Appeal from the Superior Court in Maricopa County CR2015-126824-001 The Honorable Danielle J. Viola, Judge REVIEW GRANTED; RELIEF DENIED COUNSEL Jose Francisco Puentes, Florence Petitioner Maricopa County Attorney’s Office, Phoenix By Amanda M. Parker Counsel for Respondent MEMORANDUM DECISION Chief Judge Kent E. Cattani, Judge Samuel A. Thumma and Judge Brian Y. Furuya delivered the decision of the Court. STATE v. PUENTES Decision of the Court PER CURIAM: ¶1 Petitioner Jose Francisco Puentes seeks review of the superior court’s order denying his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is Puentes’ third 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 the 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. We find the 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
Document Info
Docket Number: 1 CA-CR 21-0007-PRPC
Filed Date: 7/15/2021
Precedential Status: Non-Precedential
Modified Date: 7/15/2021