Opinion
1 CA-CR 23-0139 PRPC
10-19-2023
STATE OF ARIZONA, Respondent, v. JERRY ALFONSO OCHOA, Petitioner.
Maricopa County Attorney's Office, Phoenix By Philip D. Garrow Counsel for Respondent Jerry Alfonso Ochoa, Florence Petitioner
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Petition for Review from the Superior Court in Maricopa County No. CR2010-006260-001 The Honorable Kerstin G. LeMaire, Judge
Maricopa County Attorney's Office, Phoenix By Philip D. Garrow Counsel for Respondent
Jerry Alfonso Ochoa, Florence Petitioner
Vice Chief Judge Randall M. Howe, Judge Jennifer M. Perkins, and Judge Daniel J. Kiley delivered the decision of the court.
MEMORANDUM DECISION
PER CURIAM
¶1 Petitioner Jerry Alfonso 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 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 (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, the petition for review, and the response. We find that petitioner has not established an abuse of discretion.
¶4 For the foregoing reasons, we grant review and deny relief.