1 CA-CR 21-0064-PRPC Nonprecedential Denied Processed

State v. Flores

Arizona Court of Appeals, Division One · Filed October 28, 2021

Authorities cited

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Opinion text

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

ANGEL FLORES, Petitioner.

No. 1 CA-CR 21-0064 PRPC
FILED 10-28-2021

Petition for Review from the Superior Court in Maricopa County
No. CR2014-142613-001
The Honorable Suzanne E. Cohen, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix
By Robert E. Prather
Counsel for Respondent

Alan M. Simpson PC, Phoenix
By Alan M. Simpson
Counsel for Petitioner

STATE v. FLORES
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Cynthia J. Bailey, Judge Jennifer M. Perkins and Judge
Maria Elena Cruz delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Angel Flores seeks review of the superior court’s
order denying his petition for post-conviction relief. This is petitioner’s first
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. We find that petitioner has not established an abuse of
discretion.

¶4 We grant review and deny relief.

AMY M. WOOD • Clerk of the Court
FILED: AA

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