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State v. Aldava

ARIZONA COURT OF APPEALS DIVISION ONE
Jan 4, 2018
No. 1 CA-CR 17-0290 PRPC (Ariz. Ct. App. Jan. 4, 2018)

Opinion

No. 1 CA-CR 17-0290 PRPC

01-04-2018

STATE OF ARIZONA, Respondent, v. TERRY ALDAVA, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Lisa Marie Martin Counsel for Respondent Terry Aldava, Florence 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2007-172915-001
The Honorable Sally Schneider Duncan, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Lisa Marie Martin
Counsel for Respondent

Terry Aldava, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Kenton D. Jones, Judge Jon W. Thompson, and Judge Jennifer M. Perkins delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Terry Aldava 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 the 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, 576-77, ¶ 19 (2012). It is the petitioner's burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).

¶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 shown any abuse of discretion.

¶4 Accordingly, we grant review and deny relief.


Summaries of

State v. Aldava

ARIZONA COURT OF APPEALS DIVISION ONE
Jan 4, 2018
No. 1 CA-CR 17-0290 PRPC (Ariz. Ct. App. Jan. 4, 2018)
Case details for

State v. Aldava

Case Details

Full title:STATE OF ARIZONA, Respondent, v. TERRY ALDAVA, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Jan 4, 2018

Citations

No. 1 CA-CR 17-0290 PRPC (Ariz. Ct. App. Jan. 4, 2018)