Opinion
No. 1 CA-CR 14-0717 PRPC
11-15-2016
STATE OF ARIZONA, Respondent, v. FRANK SILVA ROQUE, Petitioner.
COUNSEL Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Frank Silva Roque, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2001-095385
The Honorable Mark F. Aceto, Retired Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Maricopa County Attorney's Office, Phoenix
By Diane Meloche
Counsel for Respondent
Frank Silva Roque, Buckeye
Petitioner
MEMORANDUM DECISION
Presiding Judge Kenton D. Jones delivered the decision of the Court, in which Judge Randall M. Howe and Judge Donn Kessler joined.
JONES, Judge:
¶1 Petitioner Frank Silva Roque petitions this court for review from the summary dismissal of his notice of post-conviction relief filed August 15, 2014. Roque argues the Arizona Supreme Court erred when it addressed a disclosure issue in his case on direct appeal in 2006. See State v. Roque, 213 Ariz. 193, 209-11, ¶¶ 41, 48-50, 52 (2006). Roque asks this court to correct the supreme court's opinion and order a new trial.
¶2 We deny relief because Roque has failed to present a cognizable claim pursuant to Arizona Rule of Criminal Procedure 32.1 or otherwise present a colorable claim for relief. This Court has no authority to overrule, modify, or disregard a decision of the Arizona Supreme Court. Myers v. Reeb, 190 Ariz. 341, 342 (App. 1997) ("Whether prior decisions of the Arizona Supreme Court are to be disaffirmed is a question for that court.") (quoting City of Phx. v. Leroy's Liquors, Inc., 177 Ariz. 375, 378 (App. 1993)).
¶3 We grant review but deny relief.