Opinion
No. 2 CA-HC 2016-0002
10-31-2016
ROY FERNANDEZ, Petitioner/Appellant, v. THE STATE OF ARIZONA, Respondent/Appellee.
COUNSEL Roy Fernandez In Propria Persona William G. Montgomery, Maricopa County Attorney By Diane Meloche, Deputy County Attorney, Phoenix Counsel for Respondent/Appellee
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.
NOT FOR PUBLICATION
See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Civ. App. P. 28(a)(1), (f).
Appeal from the Superior Court in Pinal County
No. S1100CV201600738
The Honorable Dwight P. Callahan, Judge Pro Tempore
APPEAL DISMISSED
COUNSEL
Roy Fernandez
In Propria Persona
William G. Montgomery, Maricopa County Attorney
By Diane Meloche, Deputy County Attorney, Phoenix
Counsel for Respondent/Appellee
MEMORANDUM DECISION
Judge Miller authored the decision of the Court, in which Presiding Judge Vásquez and Chief Judge Eckerstrom concurred.
MILLER, Judge:
¶1 Roy Fernandez appeals from the trial court's order construing his "writ of mandamus," in which he challenged his conviction in Maricopa County Cause No. CR 2010102629 and sought release from custody, as a petition for writ of habeas corpus. Pursuant to Rule 32.3, Ariz. R. Crim. P., the court transferred Fernandez's petition to the Maricopa County Superior Court and directed that it be treated in that court as a petition for post-conviction relief under Rule 32, Ariz. R. Crim. P.
¶2 The trial court's transfer order was not "an order or judgment refusing [Fernandez's] discharge," A.R.S. § 12-2101(A)(11)(a); it therefore is not an appealable order, see id., and we lack jurisdiction to consider Fernandez's appeal. Accordingly, this appeal is dismissed.