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State v. Torres

Court of Appeals of Arizona, First Division
Nov 8, 2022
1 CA-CR 22-0191 PRPC (Ariz. Ct. App. Nov. 8, 2022)

Opinion

1 CA-CR 22-0191 PRPC

11-08-2022

STATE OF ARIZONA, Respondent, v. JOSE DIAZ TORRES, Petitioner.

Maricopa County Attorney's Office, Phoenix By Krista Wood Counsel for Respondent Jose Diaz Torres, Florence Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2014-001176-001 The Honorable Bradley H. Astrowsky, Judge

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

Jose Diaz Torres, Florence Petitioner

Presiding Judge Brian Y. Furuya, Judge Jennifer B. Campbell, and Judge Paul J. McMurdie delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Jose Torres 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 (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 relief, and the petition for review. We find that petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.


Summaries of

State v. Torres

Court of Appeals of Arizona, First Division
Nov 8, 2022
1 CA-CR 22-0191 PRPC (Ariz. Ct. App. Nov. 8, 2022)
Case details for

State v. Torres

Case Details

Full title:STATE OF ARIZONA, Respondent, v. JOSE DIAZ TORRES, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Nov 8, 2022

Citations

1 CA-CR 22-0191 PRPC (Ariz. Ct. App. Nov. 8, 2022)