State v. Vallejos

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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.

MICHAEL JOE VALLEJOS, Petitioner.

No. 1 CA-CR 18-0445 PRPC

FILED 9-25-2018

Petition for Review from the Superior Court in Coconino County No. S0300CR201400637

The Honorable Dan R. Slayton, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL

Coconino County Attorney’s Office, Flagstaff

By Ammon David Barker

Counsel for Respondent

Gonzalez & Smith P.C., Chandler

By Alex D. Gonzalez

Counsel for Petitioner STATE v. VALLEJOS

Decision of the Court

MEMORANDUM DECISION

Presiding Judge Kenton D. Jones, Vice Chief Judge Peter B. Swann, and Judge David D. Weinzweig delivered the decision of the Court.

P E R C U R I A M:

¶1 Michael Vallejos 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 the petitioner’s first 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, 576-77, ¶ 19 (2012). It is the petitioner’s burden to show that the superior court abused its discretion in denying the petition. 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. We find that the petitioner has not shown any abuse of discretion.

¶4 Accordingly, we grant review and deny relief.

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