State v. Castellanos-Garcia ( 2021 )

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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 CASTELLANOS-GARCIA, Petitioner.
No. 1 CA-CR 21-0205 PRPC
FILED 9-30-2021
Petition for Review from the Superior Court in Maricopa County
No. CR2000-011803
The Honorable Christopher Whitten, Judge
REVIEW GRANTED AND RELIEF DENIED
APPEARANCES
Maricopa County Attorney’s Office, Phoenix
By Faith Cheree Klepper
Counsel for Respondent
Jose Luis Castellanos-Garcia, Florence
Petitioner
STATE v. CASTELLANOS-GARCIA
Decision of the Court
MEMORANDUM DECISION
Presiding Judge Randall M. Howe, Judge Brian Y. Furuya, and Judge
Michael J. Brown delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner Jose Luis Castellanos-Garcia 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
second successive 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, the petition for
review, and the response. We find that petitioner has not established an
abuse of discretion.
¶4 For the foregoing reasons, we grant review and deny relief.
AMY M. WOOD • Clerk of the Court
FILED: AA
2