Opinion
No. 1 CA-CR 12-0816 PRPC
04-08-2014
STATE OF ARIZONA, Respondent, v. LUIS MORENO, Petitioner.
Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent Luis Moreno, San Luis Petitioner
NOTICE: NOT FOR PUBLICATION.
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE
LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.
Petition for Review from the Superior Court in Maricopa County
No. CR2010-142512-001
The Honorable Susan M. Brnovich, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Maricopa County Attorney's Office, Phoenix
By Diane Meloche
Counsel for Respondent
Luis Moreno, San Luis
Petitioner
MEMORANDUM DECISION
Presiding Judge Andrew W. Gould, Judge Peter B. Swann and Judge Jon W. Thompson delivered the following decision.
PER CURIAM:
¶1 Petitioner Luis Moreno petitions this court for review from the dismissal of his petition for post-conviction relief. Presiding Judge Andrew W. Gould and Judges Peter B. Swann and Jon W. Thompson have considered the petition for review and, for the reasons stated, grant review but deny relief.
¶2 A jury convicted Moreno of theft and trafficking in stolen property. The trial court sentenced him to concurrent terms of 11.25 years' imprisonment for each count and this court affirmed his convictions and sentences on direct appeal. State v. Moreno, 1 CA-CR 11-0192, 2011 WL 5374359 (Ariz. App. Nov. 8, 2011). Moreno then filed a pro se petition for post-conviction relief. The trial court summarily dismissed the petition and Moreno now seeks review. We have jurisdiction under Ariz. R. Crim. P. 32.9(c).
¶3 We deny relief. Moreno did not raise any of the issues in his petition for review in the petition for post-conviction relief he filed below. A petition for review may not present issues not first presented to the trial court. Ariz. R. Crim. P. 32.9(c)(1)(ii); State v. Bortz, 169 Ariz. 575, 577, 821 P.2d 236, 238 (App. 1991).
¶4 For the above reasons, we grant review and deny relief.