State v. Fausto ( 2018 )


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  •                      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    UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
    JOHN XAVIER FAUSTO, JR., Petitioner.
    No. 1 CA-CR 17-0741 PRPC
    FILED 4-17-2018
    Petition for Review from the Superior Court in Maricopa County
    No. CR2014-142828-001 DT
    The Honorable Margaret R. Mahoney, Judge
    REVIEW GRANTED; RELIEF DENIED
    COUNSEL
    Maricopa County Attorney’s Office, Phoenix
    By Jeffrey R. Duvendack
    Counsel for Respondent
    Garcia Law Firm, PLC, Phoenix
    By Bernardo M. Garcia
    Counsel for Petitioner
    STATE v. FAUSTO
    Decision of the Court
    MEMORANDUM DECISION
    Presiding Judge Lawrence F. Winthrop, Judge Jennifer B. Campbell, and
    Judge Paul J. McMurdie delivered the decision of the Court.
    PER CURIAM:
    ¶1              Petitioner John Xavier Fausto, Jr. 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 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
    , 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
    2
    

Document Info

Docket Number: 1 CA-CR 17-0741-PRPC

Filed Date: 4/17/2018

Precedential Status: Non-Precedential

Modified Date: 4/17/2018