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State v. Bustos

ARIZONA COURT OF APPEALS DIVISION ONE
Mar 13, 2018
No. 1 CA-CR 17-0425 PRPC (Ariz. Ct. App. Mar. 13, 2018)

Opinion

No. 1 CA-CR 17-0425 PRPC

03-13-2018

STATE OF ARIZONA, Respondent, v. EDUARDO ROJELIO BUSTOS, Petitioner.

COUNSEL Yavapai County Attorney's Office, Prescott By Jarrod B. Long Counsel for Respondent Eduardo Rojelio Bustos, Winslow Petitioner


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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Petition for Review from the Superior Court in Yavapai County
No. P1300CR201601278
The Honorable Tina R. Ainley, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Yavapai County Attorney's Office, Prescott
By Jarrod B. Long
Counsel for Respondent

Eduardo Rojelio Bustos, Winslow
Petitioner

MEMORANDUM DECISION

Presiding Judge Michael J. Brown, Judge Maria Elena Cruz, and Judge David D. Weinzweig delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Eduardo Rojelio Bustos 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 first, untimely 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, ¶ 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 that petitioner has not established an abuse of discretion.

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


Summaries of

State v. Bustos

ARIZONA COURT OF APPEALS DIVISION ONE
Mar 13, 2018
No. 1 CA-CR 17-0425 PRPC (Ariz. Ct. App. Mar. 13, 2018)
Case details for

State v. Bustos

Case Details

Full title:STATE OF ARIZONA, Respondent, v. EDUARDO ROJELIO BUSTOS, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Mar 13, 2018

Citations

No. 1 CA-CR 17-0425 PRPC (Ariz. Ct. App. Mar. 13, 2018)