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State v. Lopez

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 14, 2018
No. 1 CA-CR 18-0046 PRPC (Ariz. Ct. App. Jun. 14, 2018)

Opinion

No. 1 CA-CR 18-0046 PRPC

06-14-2018

STATE OF ARIZONA, Respondent, v. EVERADO LOPEZ, JR., Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Everado Lopez, Jr., Buckeye 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2003-014080-008 DT
The Honorable Peter C. Reinstein, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

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

Everado Lopez, Jr., Buckeye
Petitioner

MEMORANDUM DECISION

Presiding Judge Jon W. Thompson, Judge Peter B. Swann, and Judge James P. Beene delivered the decision of the Court.

PER CURIUM:

¶1 Petitioner Everado Lopez, Jr. 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 sixth 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 an abuse of discretion.

¶4 The petitioner has additionally filed three motions for this panel's review. As to the petitioner's Motion to Include Parole Revocation Hearing Audio Pursuant to Rule 32, we deny this attempt to supplement the record. As to the petitioner's Motion for Clarification of Claims Not Properly Addressed, we deny this as a motion to attempt to supplement the petition. Finally, as to the petitioner's Motion for Emergency Petition to Accelerate Appeal Pursuant to Rule 32.1(d), we deny this as moot.

¶5 Accordingly, on the petition, we grant review and deny relief. Additionally, the petitioner's motions are denied.


Summaries of

State v. Lopez

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 14, 2018
No. 1 CA-CR 18-0046 PRPC (Ariz. Ct. App. Jun. 14, 2018)
Case details for

State v. Lopez

Case Details

Full title:STATE OF ARIZONA, Respondent, v. EVERADO LOPEZ, JR., Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Jun 14, 2018

Citations

No. 1 CA-CR 18-0046 PRPC (Ariz. Ct. App. Jun. 14, 2018)