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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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 20-0606 PRPC
FILED 8-26-2021
Petition for Review from the Superior Court in Maricopa County
No. CR2004-041417-001
The Honorable Dewain D. Fox, 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
third 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