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State v. Roque

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 15, 2021
No. 1 CA-CR 20-0613 PRPC (Ariz. Ct. App. Jun. 15, 2021)

Opinion

1 CA-CR 20-0613 PRPC

06-15-2021

STATE OF ARIZONA, Respondent, v. FRANK SILVA ROQUE, Petitioner.

Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent Frank Silva Roque, Buckeye Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2001-095385 The Honorable Katherine M. Cooper, Judge

Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent

Frank Silva Roque, Buckeye Petitioner

Presiding Judge D. Steven Williams, Judge Jennifer B. Campbell, and Judge James B. Morse Jr. delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIUM

¶1 Petitioner Frank Silva Roque seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's latest 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, 278 P.3d 1276, 1280 (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, 260 P.3d 1102, 1103 (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. The petitioner has failed to show an abuse of discretion.

¶4 For the foregoing reasons, this court grants review but denies relief.


Summaries of

State v. Roque

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 15, 2021
No. 1 CA-CR 20-0613 PRPC (Ariz. Ct. App. Jun. 15, 2021)
Case details for

State v. Roque

Case Details

Full title:STATE OF ARIZONA, Respondent, v. FRANK SILVA ROQUE, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Jun 15, 2021

Citations

No. 1 CA-CR 20-0613 PRPC (Ariz. Ct. App. Jun. 15, 2021)