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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
ANDRES SERRATO GARNICA, Petitioner.
No. 1 CA-CR 23-0340 PRPC
FILED 11-28-2023
Petition for Review from the Superior Court in Maricopa County
No. CR2015-155207-001
The Honorable Sam J. Myers, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Maricopa County Attorney’s Office, Phoenix
By Robert A. Walsh
Counsel for Respondent
Andres Serrato Garnica, Eloy
Petitioner
STATE v. GARNICA
Decision of the Court
MEMORANDUM DECISION
Presiding Judge Jennifer B. Campbell, and Judges Kent E. Cattani and Anni
Hill Foster delivered the decision of the Court.
PER CURIAM:
¶1 Petitioner Andres Serrato Garnica seeks review of the
superior court’s order denying his petition for post-conviction relief. 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, the petition for
review, and State’s response. 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