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State v. Vasquez

Court of Appeals of Arizona, First Division
Nov 2, 2023
1 CA-CR 23-0185 PRPC (Ariz. Ct. App. Nov. 2, 2023)

Opinion

1 CA-CR 23-0185 PRPC

11-02-2023

STATE OF ARIZONA, Respondent, v. JOSE OMAR VASQUEZ, Petitioner.

Maricopa County Attorney's Office, Phoenix By Phillip D. Garrow Counsel for Respondent Jose Omar Vasquez, 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Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court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. CR2005-145028-001 The Honorable Adam D. Driggs, Judge

Maricopa County Attorney's Office, Phoenix By Phillip D. Garrow Counsel for Respondent

Jose Omar Vasquez, Florence Petitioner

Presiding Judge David D. Weinzweig, Judge Michael S. Catlett, and Judge Maria Elena Cruz delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Jose Omar Vasquez seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's sixth 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 and deny relief.


Summaries of

State v. Vasquez

Court of Appeals of Arizona, First Division
Nov 2, 2023
1 CA-CR 23-0185 PRPC (Ariz. Ct. App. Nov. 2, 2023)
Case details for

State v. Vasquez

Case Details

Full title:STATE OF ARIZONA, Respondent, v. JOSE OMAR VASQUEZ, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Nov 2, 2023

Citations

1 CA-CR 23-0185 PRPC (Ariz. Ct. App. Nov. 2, 2023)