State v. De La Cruz

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.

IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE

STATE OF ARIZONA, Respondent,

v.

JUAN FRANCISCO DE LA CRUZ, Petitioner.

No. 1 CA-CR 25-0464 PRPC
FILED 03-24-2026

Appeal from the Superior Court in Maricopa County
No. CR2019-102167-001, CR2020-136273-001
The Honorable Michael W. Kemp, Judge, Retired
The Honorable Aryeh D. Schwartz

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Juan Francisco De La Cruz, Kingman
Petitioner

MEMORANDUM DECISION

Presiding Judge Samuel A. Thumma, Judge Andrew J. Becke, and Judge
Kent E. Cattani delivered the decision of the Court.
 STATE v. DE LA CRUZ
Decision of the Court

PER CURIAM:

¶1 Petitioner Juan Francisco De La Cruz seeks review of the
superior court’s order denying his petition for post-conviction relief. This is
petitioner’s second petition in both CR2019-102167 and CR2020-136273.

¶2 Absent an abuse of discretion or error of law, we 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 the 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) (noting that the petitioner has the 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 relief, and the petition for review. We
find that the petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.

MATTHEW J. MARTIN • Clerk of the Court
FILED: JR

2