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State v. Salerno

Court of Appeals of Arizona, First Division
May 11, 2023
1 CA-CR 23-0020 PRPC (Ariz. Ct. App. May. 11, 2023)

Opinion

1 CA-CR 23-0020 PRPC

05-11-2023

STATE OF ARIZONA, Respondent, v. FOX JOSEPH SALERNO, Petitioner.

Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent Fox Joseph Salerno, Limon, Colorado Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2000-017362 The Honorable Scott Sebastian Minder, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent

Fox Joseph Salerno, Limon, Colorado Petitioner

Presiding Judge Jennifer M. Perkins, Judge Angela K. Paton, and Judge D. Steven Williams delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Fox Joseph Salerno seeks review of the superior court's order dismissing his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is his twelfth 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 dismissing the petition for post-conviction and petition. Petitioner has not established an abuse of discretion.

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


Summaries of

State v. Salerno

Court of Appeals of Arizona, First Division
May 11, 2023
1 CA-CR 23-0020 PRPC (Ariz. Ct. App. May. 11, 2023)
Case details for

State v. Salerno

Case Details

Full title:STATE OF ARIZONA, Respondent, v. FOX JOSEPH SALERNO, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: May 11, 2023

Citations

1 CA-CR 23-0020 PRPC (Ariz. Ct. App. May. 11, 2023)