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State v. Celaya

ARIZONA COURT OF APPEALS DIVISION ONE
Aug 7, 2018
No. 1 CA-CR 18-0243 PRPC (Ariz. Ct. App. Aug. 7, 2018)

Opinion

No. 1 CA-CR 18-0243 PRPC

08-07-2018

STATE OF ARIZONA, Respondent, v. ALEXANDER PAUL CELAYA, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Daniel Strange Counsel for Respondent Alan M. Simpson PC, Phoenix By Alan M. Simpson Counsel for 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Appeal from the Superior Court in Maricopa County
No. CR2013-415890-001
The Honorable Pamela Hearn Svoboda, Judge

REVIEW GRANTED AND RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Daniel Strange
Counsel for Respondent

Alan M. Simpson PC, Phoenix
By Alan M. Simpson
Counsel for Petitioner

MEMORANDUM DECISION

Presiding Judge Randall M. Howe, Judge Jennifer M. Perkins, and Judge Peter B. Swann delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Alexander Paul Celaya 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 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 For the foregoing reasons, we grant review and deny relief.


Summaries of

State v. Celaya

ARIZONA COURT OF APPEALS DIVISION ONE
Aug 7, 2018
No. 1 CA-CR 18-0243 PRPC (Ariz. Ct. App. Aug. 7, 2018)
Case details for

State v. Celaya

Case Details

Full title:STATE OF ARIZONA, Respondent, v. ALEXANDER PAUL CELAYA, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Aug 7, 2018

Citations

No. 1 CA-CR 18-0243 PRPC (Ariz. Ct. App. Aug. 7, 2018)