State v. Gomez-Torres

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

TEODORO GOMEZ-TORRES, Petitioner.

No. 1 CA-CR 23-0414 PRPC
FILED 06-25-2024

Petition for Review from the Superior Court in Mohave County
No. S8015CR201301013
The Honorable Billy K. Sipe, Judge Pro Tempore

REVIEW GRANTED; RELIEF DENIED

COUNSEL

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

Teodoro Gomez-Torres, Florence
Petitioner
 STATE v. GOMEZ-TORRES
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Angela K. Paton, Judge Michael S. Catlett, and Judge James
B. Morse Jr. delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Teodoro Gomez-Torres seeks review of the
superior court’s order denying his petition for post-conviction relief. This
is petitioner’s fourth 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: AGFV

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