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State v. Maciel

Court of Appeals of Arizona, First Division
Mar 21, 2024
1 CA-CR 23-0442 PRPC (Ariz. Ct. App. Mar. 21, 2024)

Opinion

1 CA-CR 23-0442 PRPC

03-21-2024

STATE OF ARIZONA, Respondent, v. GERARDO O MACIEL, Petitioner.

Maricopa County Attorney's Office, Phoenix By Julie A. Done, Jessi Wade Counsel for Respondent The Stavris Law Firm, PLLC, Scottsdale By Christopher Stavris Counsel for Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No CR2008-006720-001 CR2005-008699-001 CR2008-006732-001 CR2008-007291-001 CR2008-007386-001 CR2007-007409-001 The Honorable Michael W. Kemp, Judge

REVIEW GRANTED; RELIEF DENIED

Maricopa County Attorney's Office, Phoenix By Julie A. Done, Jessi Wade Counsel for Respondent

The Stavris Law Firm, PLLC, Scottsdale By Christopher Stavris Counsel for Petitioner

Presiding Judge Anni Hill Foster, Judge Brian Y. Furuya, and Vice Chief Judge Randall M. Howe delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Gerardo O Maciel seeks review of the superior court's order denying his petition for post-conviction relief. This is 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, 577, ¶ 19, 278 P.3d 1276, 1280 (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, ¶ 1, 260 P.3d 1102, 1103 (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 We grant review and deny relief.


Summaries of

State v. Maciel

Court of Appeals of Arizona, First Division
Mar 21, 2024
1 CA-CR 23-0442 PRPC (Ariz. Ct. App. Mar. 21, 2024)
Case details for

State v. Maciel

Case Details

Full title:STATE OF ARIZONA, Respondent, v. GERARDO O MACIEL, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Mar 21, 2024

Citations

1 CA-CR 23-0442 PRPC (Ariz. Ct. App. Mar. 21, 2024)