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State v. Ramirez

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 4, 2020
No. 1 CA-CR 20-0073 PRPC (Ariz. Ct. App. Jun. 4, 2020)

Opinion

No. 1 CA-CR 20-0073 PRPC

06-04-2020

STATE OF ARIZONA, Respondent, v. LEOBARDO LUNA RAMIREZ, Petitioner.

APPEARANCES Maricopa County Attorney's Office, Phoenix By Andrea L. Kever Counsel for Respondent Leobardo Luna Ramirez, Buckeye 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 1993-006860
The Honorable Suzanne E. Cohen, Judge

AFFIRMED

APPEARANCES

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

Leobardo Luna Ramirez, Buckeye
Petitioner

MEMORANDUM DECISION

Presiding Judge Michael J. Brown delivered the decision of the Court, in which Judge Kenton D. Jones and Judge D. Steven Williams joined.

BROWN, Judge:

¶1 Petitioner Leobardo Luna 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 fifth 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
Jun 4, 2020
No. 1 CA-CR 20-0073 PRPC (Ariz. Ct. App. Jun. 4, 2020)
Case details for

State v. Ramirez

Case Details

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

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Jun 4, 2020

Citations

No. 1 CA-CR 20-0073 PRPC (Ariz. Ct. App. Jun. 4, 2020)