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State v. Roman

Court of Appeals of Arizona, First Division
Dec 12, 2023
1 CA-CR 23-0195 PRPC (Ariz. Ct. App. Dec. 12, 2023)

Opinion

1 CA-CR 23-0195 PRPC

12-12-2023

STATE OF ARIZONA, Respondent, v. JOSE JESUS ROMAN JR., Petitioner.

Maricopa County Attorney's Office, Phoenix By Robert E. Prather Counsel for Respondent Jose Jesus Roman Jr., Kingman Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2013-430684-001 The Honorable Jeffrey A. Rueter, Judge

Maricopa County Attorney's Office, Phoenix

By Robert E. Prather

Counsel for Respondent

Jose Jesus Roman Jr., Kingman

Petitioner

Presiding Judge James B. Morse Jr., Judge Cynthia J. Bailey, and Judge Brian Y Furuya delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Jose Jesus Roman Jr. 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 his fifth 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, petition for review, response, and reply. Petitioner has not established an abuse of discretion.

¶4 For the foregoing reasons, we grant review but deny relief.


Summaries of

State v. Roman

Court of Appeals of Arizona, First Division
Dec 12, 2023
1 CA-CR 23-0195 PRPC (Ariz. Ct. App. Dec. 12, 2023)
Case details for

State v. Roman

Case Details

Full title:STATE OF ARIZONA, Respondent, v. JOSE JESUS ROMAN JR., Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Dec 12, 2023

Citations

1 CA-CR 23-0195 PRPC (Ariz. Ct. App. Dec. 12, 2023)