State v. Cayeros ( 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    UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
    JOHNNY DANIEL CAYEROS, Petitioner.
    No. 1 CA-CR 22-0610 PRPC
    FILED 5-11-2023
    Petition for Review from the Superior Court in Maricopa County
    No. CR2005-009971-001
    The Honorable Jeffrey A. Rueter, Judge
    REVIEW GRANTED; RELIEF DENIED
    COUNSEL
    Maricopa County Attorney’s Office, Phoenix
    By Krista Wood
    Counsel for Respondent
    Johnny Daniel Cayeros, Buckeye
    Petitioner
    STATE v. CAYEROS
    Decision of the Court
    MEMORANDUM DECISION
    Presiding Judge Jennifer M. Perkins, Judge Angela K. Paton, and Judge D.
    Steven Williams delivered the decision of the Court.
    PER CURIAM:
    ¶1           Petitioner Johnny Daniel Cayeros 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 his second
    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 dismissing the petition for post-conviction and the petition.
    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: AA
    2
    

Document Info

Docket Number: 1 CA-CR 22-0610-PRPC

Filed Date: 5/11/2023

Precedential Status: Non-Precedential

Modified Date: 5/11/2023