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State v. Pinzon

ARIZONA COURT OF APPEALS DIVISION ONE
Oct 12, 2017
No. 1 CA-CR 16-0720 PRPC (Ariz. Ct. App. Oct. 12, 2017)

Opinion

No. 1 CA-CR 16-0720 PRPC

10-12-2017

STATE OF ARIZONA, Respondent, v. JOSE MANUEL PINZON, Petitioner.

COUNSEL Yavapai County Attorney's Office, Prescott By Dana E. Owens Counsel for Respondent Jose Manuel Pinzon, Globe 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 Yavapai County
No. P1300CR201000868
The Honorable Tina R. Ainley, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Yavapai County Attorney's Office, Prescott
By Dana E. Owens
Counsel for Respondent

Jose Manuel Pinzon, Globe
Petitioner

MEMORANDUM DECISION

Presiding Judge Lawrence F. Winthrop, Judge Diane M. Johnsen, and Judge Maria Elena Cruz delivered the decision of the Court.

PER CURIAM :

¶1 Petitioner Jose Manuel Pinzon 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 second 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, ¶ 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 that petitioner has not established an abuse of discretion.

¶4 We grant review and deny relief.


Summaries of

State v. Pinzon

ARIZONA COURT OF APPEALS DIVISION ONE
Oct 12, 2017
No. 1 CA-CR 16-0720 PRPC (Ariz. Ct. App. Oct. 12, 2017)
Case details for

State v. Pinzon

Case Details

Full title:STATE OF ARIZONA, Respondent, v. JOSE MANUEL PINZON, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Oct 12, 2017

Citations

No. 1 CA-CR 16-0720 PRPC (Ariz. Ct. App. Oct. 12, 2017)