State v. Herrera

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

GEORGE LUIS HERRERA, Petitioner.

No. 1 CA-CR 22-0385 PRPC
FILED 2-23-2023

Petition for Review from the Superior Court in Maricopa County
No. CR1995-005573
The Honorable Michael W. Kemp, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix
By Douglas Gerlach
Counsel for Respondent

Law Office of Stephen L. Duncan PLC, Scottsdale
By Stephen L. Duncan
Counsel for Petitioner
 STATE v. HERRERA
Decision of the Court

MEMORANDUM DECISION

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

PER CURIAM:

¶1 Petitioner George Luis Herrera 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 third
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, petition, and
response. Petitioner has not established an abuse of discretion.

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

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

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