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State v. Ochoa

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 19, 2019
No. 1 CA-CR 19-0118 PRPC (Ariz. Ct. App. Nov. 19, 2019)

Opinion

No. 1 CA-CR 19-0118 PRPC

11-19-2019

STATE OF ARIZONA, Respondent, v. ARTHUR ANTONIO OCHOA, Petitioner.

APPEARANCES Maricopa County Attorney's Office, Phoenix By Andrea L. Kever Counsel for Respondent Arthur Antonio Ochoa , 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR 1999-092982
The Honorable Christine E. Mulleneaux, Judge Pro Tem

REVIEW GRANTED; RELIEF DENIED

APPEARANCES

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

Arthur Antonio Ochoa , Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Jennifer B. Campbell delivered the decision of the Court, in which Judges Lawrence F. Winthrop and Michael J. Brown joined.

PER CURIAM:

¶1 Petitioner Arthur Antonio Ochoa 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 fourth petition for review. The court has also considered petitioner's supplemental argument filed November 1, 2019.

¶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. Ochoa

ARIZONA COURT OF APPEALS DIVISION ONE
Nov 19, 2019
No. 1 CA-CR 19-0118 PRPC (Ariz. Ct. App. Nov. 19, 2019)
Case details for

State v. Ochoa

Case Details

Full title:STATE OF ARIZONA, Respondent, v. ARTHUR ANTONIO OCHOA, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Nov 19, 2019

Citations

No. 1 CA-CR 19-0118 PRPC (Ariz. Ct. App. Nov. 19, 2019)