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State v. Arias

ARIZONA COURT OF APPEALS DIVISION ONE
Aug 27, 2020
No. 1 CA-CR 20-0027 PRPC (Ariz. Ct. App. Aug. 27, 2020)

Opinion

No. 1 CA-CR 20-0027 PRPC

08-27-2020

STATE OF ARIZONA, Respondent, v. GENARO LOPEZ ARIAS, Petitioner.

COUNSEL Pucino Law Office, LLC, Phoenix By Lynn A. Pucino Counsel for Petitioner Maricopa County Attorney's Office, Phoenix By Robert E. Prather Counsel for Respondent


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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Appeal from the Superior Court in Maricopa County
Nos. CR2007-155771-002 CR2009-150166-002
The Honorable Kathleen H. Mead, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Pucino Law Office, LLC, Phoenix
By Lynn A. Pucino
Counsel for Petitioner

Maricopa County Attorney's Office, Phoenix
By Robert E. Prather
Counsel for Respondent

MEMORANDUM DECISION

Presiding Judge Samuel A. Thumma delivered the decision of the Court, in which Judge D. Steven Williams and Judge David D. Weinzweig joined.

PER CURIAM:

¶1 Petitioner Genaro Lopez Arias 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 petitioner's 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 denying the petition for post-conviction relief, and the petition for review. Petitioner has not established an abuse of discretion.

¶4 For the foregoing reasons, we grant review but deny relief.


Summaries of

State v. Arias

ARIZONA COURT OF APPEALS DIVISION ONE
Aug 27, 2020
No. 1 CA-CR 20-0027 PRPC (Ariz. Ct. App. Aug. 27, 2020)
Case details for

State v. Arias

Case Details

Full title:STATE OF ARIZONA, Respondent, v. GENARO LOPEZ ARIAS, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Aug 27, 2020

Citations

No. 1 CA-CR 20-0027 PRPC (Ariz. Ct. App. Aug. 27, 2020)

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