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State v. Najera

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 6, 2021
No. 1 CA-CR 20-0460 PRPC (Ariz. Ct. App. Apr. 6, 2021)

Opinion

No. 1 CA-CR 20-0460 PRPC

04-06-2021

STATE OF ARIZONA, Respondent, v. BENJAMIN NAJERA, JR., Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent Benjamin Najera, Jr., 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2005-048600-001
The Honorable Peter A. Thompson, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Amanda M. Parker
Counsel for Respondent

Benjamin Najera, Jr., Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Paul J. McMurdie, Judge Cynthia J. Bailey, and Judge Lawrence F. Winthrop delivered the following decision.

PER CURIAM:

¶1 Petitioner Benjamin Najera, 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 fifth 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 the 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 the petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.


Summaries of

State v. Najera

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 6, 2021
No. 1 CA-CR 20-0460 PRPC (Ariz. Ct. App. Apr. 6, 2021)
Case details for

State v. Najera

Case Details

Full title:STATE OF ARIZONA, Respondent, v. BENJAMIN NAJERA, JR., Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Apr 6, 2021

Citations

No. 1 CA-CR 20-0460 PRPC (Ariz. Ct. App. Apr. 6, 2021)