State v. Falcone

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

KENNETH JOHN FALCONE, Petitioner.

No. 1 CA-CR 26-0147 PRPC
FILED 09-11-2026

Petition for Review from the Superior Court in Maricopa County
No. CR 1989-008697
The Honorable James N. Drake, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Kenneth John Falcone, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Jennifer M. Perkins, Judge Brian Y. Furuya, and Judge D.
Andrew Gaona delivered the following decision.

STATE v. FALCONE
Decision of the Court

PER CURIAM:

¶1 Petitioner Kenneth John Falcone, seeks review of the superior
court’s order denying his petition for post-conviction relief, filed pursuant
to Arizona Rule of Criminal Procedure 32.1. This is Falcone’s third petition.

¶2 We will not disturb a superior court’s ruling on a petition for
post-conviction relief absent an abuse of discretion or legal error. See State
v. Gutierrez, 229 Ariz. 573, 577, ¶ 19 (2012). Falcone has the 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).

¶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. Falcone has not established error.

¶4 We grant review but deny relief.

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

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