State v. Guytan

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

GERARDO GUYTAN, Petitioner.

No. 1 CA-CR 24-0575 PRPC
FILED 04-24-2025

Petition for Review from the Superior Court in Maricopa County
No. CR1995-008243
The Honorable Joseph Shayne Kiefer, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix
By Philip D. Garrow
Counsel for Respondent

Gerardo Guytan, Buckeye
Petitioner

MEMORANDUM DECISION

Presiding Judge Kent E. Cattani, Judge Samuel A. Thumma, and Judge
Angela K. Paton delivered the decision of the Court.
 STATE v. GUYTAN
Decision of the Court

PER CURIAM:

¶1 Petitioner Gerardo Guytan seeks review of the superior
court’s orders dismissing his fourth petition for post-conviction relief.

¶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 the petitioner’s burden
to show that the superior court erred in denying his 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. His claims were precluded by his earlier petitions. Ariz. R.
Crim. P. 32.2(a)(2), (3). Petitioner has not established error.

¶4 We grant review but deny relief.

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

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