From Casetext: Smarter Legal Research

State v. Hernandez

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 21, 2019
No. 1 CA-CR 19-0203 PRPC (Ariz. Ct. App. Nov. 21, 2019)

Opinion

No. 1 CA-CR 19-0203 PRPC

11-21-2019

STATE OF ARIZONA, Respondent, v. VICTOR MANUEL HERNANDEZ, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Andrea L. Kever Counsel for Respondent Victor Manuel Hernandez, Kingman 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2010-007903-001
The Honorable Susanna C. Pineda, Judge

REVIEW GRANTED AND RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Andrea L. Kever
Counsel for Respondent

Victor Manuel Hernandez, Kingman
Petitioner

MEMORANDUM DECISION

Presiding Judge Randall M. Howe, Judge David D. Weinzweig, and Judge David B. Gass delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Victor Manuel Hernandez 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 second, 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 For the foregoing reasons, we grant review and deny relief.


Summaries of

State v. Hernandez

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 21, 2019
No. 1 CA-CR 19-0203 PRPC (Ariz. Ct. App. Nov. 21, 2019)
Case details for

State v. Hernandez

Case Details

Full title:STATE OF ARIZONA, Respondent, v. VICTOR MANUEL HERNANDEZ, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Nov 21, 2019

Citations

No. 1 CA-CR 19-0203 PRPC (Ariz. Ct. App. Nov. 21, 2019)