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State v. Ramirez

ARIZONA COURT OF APPEALS DIVISION ONE
Jul 16, 2019
No. 1 CA-CR 19-0025 PRPC (Ariz. Ct. App. Jul. 16, 2019)

Opinion

No. 1 CA-CR 19-0025 PRPC

07-16-2019

STATE OF ARIZONA, Respondent, v. RICARDO RAMIREZ, Petitioner.

APPEARANCES Maricopa County Attorney's Office, Phoenix By Andrea L. Kever Counsel for Respondent Ricardo Ramirez, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 2008-155341-001
The Honorable Mark H. Brain, Judge

REVIEW GRANTED; RELIEF DENIED

APPEARANCES

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

Ricardo Ramirez, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Michael J. Brown, Judge Jon W. Thompson, and Judge Kenton D. Jones delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Ricardo Ramirez 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, ¶ 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 For the foregoing reasons, we grant review and deny relief.


Summaries of

State v. Ramirez

ARIZONA COURT OF APPEALS DIVISION ONE
Jul 16, 2019
No. 1 CA-CR 19-0025 PRPC (Ariz. Ct. App. Jul. 16, 2019)
Case details for

State v. Ramirez

Case Details

Full title:STATE OF ARIZONA, Respondent, v. RICARDO RAMIREZ, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Jul 16, 2019

Citations

No. 1 CA-CR 19-0025 PRPC (Ariz. Ct. App. Jul. 16, 2019)