State v. Guerrero

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

JORGE GUERRERO, Petitioner.

No. 1 CA-CR 23-0249 PRPC
FILED 07-16-2024

Petition for Review from the Superior Court in Mohave County
No. S8015CR20080927
The Honorable Rick A. Williams, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Mohave County Attorney’s Office, Kingman
By Matthew J. Smith
Counsel for Respondent

Jorge Guerrero, Buckeye
Petitioner
 STATE v. GUERRERO
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Andrew M. Jacobs, Judge Jennifer M. Perkins, and Judge
David D. Weinzweig delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Jorge Guerrero seeks review of the superior court’s
order denying his petition for post-conviction relief. This is the petitioner’s
second 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 the petitioner has not established an abuse of
discretion.

¶4 We grant review but deny relief.

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

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