State v. Franco

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

RUDY FRANCO, Petitioner.

No. 1 CA-CR 21-0047 PRPC

FILED 8-26-2021

Petition for Review from the Superior Court in Maricopa County No. CR2004-041417-001

The Honorable Sherry K. Stephens, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix

By Amanda M. Parker

Counsel for Respondent

Rudy Franco, Kingman

Petitioner STATE v. FRANCO

Decision of the Court

MEMORANDUM DECISION

Acting Presiding Judge Brian Y. Furuya, Judge Michael J. Brown, and Judge Cynthia J. Bailey delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Rudy Franco 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 (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 petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.

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