State v. Gonzalez

Opinion

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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

JOSE LUIS GONZALEZ, Petitioner.

No. 1 CA-CR 24-0317 PRPC FILED 03-13-2025

Petition for Review from the Superior Court in Maricopa County No. CR1998-091289 The Honorable Jeffrey A. Rueter, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

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

Jose Luis Gonzalez, Tucson Petitioner STATE v. GONZALEZ Decision of the Court

MEMORANDUM DECISION

Presiding Judge Michael S. Catlett, Judge Daniel J. Kiley, and Judge David D. Weinzweig delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Jose Luis Gonzalez seeks review of the superior court’s order denying his petition for post-conviction relief. This is petitioner’s second 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. See State v. Gutierrez, 229 Ariz. 573, 576–77 ¶ 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 and deny relief.

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