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State v. Melendez

ARIZONA COURT OF APPEALS DIVISION ONE
Mar 13, 2018
No. 1 CA-CR 17-0477 PRPC (Ariz. Ct. App. Mar. 13, 2018)

Opinion

No. 1 CA-CR 17-0477 PRPC

03-13-2018

STATE OF ARIZONA, Respondent, v. LOUIS ALFONSO MELENDEZ, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Diane M. Meloche Counsel for Respondent Louis Alfonso Melendez, Douglas 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Maricopa County
No. CR1992-008792
The Honorable Cynthia J. Bailey, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Diane M. Meloche
Counsel for Respondent

Louis Alfonso Melendez, Douglas
Petitioner

MEMORANDUM DECISION

Presiding Judge Lawrence F. Winthrop, Judge Jennifer B. Campbell, and Chief Judge Samuel A. Thumma delivered the decision of the Court.

PER CURIAM :

¶1 Petitioner Louis Alfonso Melendez 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 third 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 (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. We find that petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.


Summaries of

State v. Melendez

ARIZONA COURT OF APPEALS DIVISION ONE
Mar 13, 2018
No. 1 CA-CR 17-0477 PRPC (Ariz. Ct. App. Mar. 13, 2018)
Case details for

State v. Melendez

Case Details

Full title:STATE OF ARIZONA, Respondent, v. LOUIS ALFONSO MELENDEZ, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Mar 13, 2018

Citations

No. 1 CA-CR 17-0477 PRPC (Ariz. Ct. App. Mar. 13, 2018)