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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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 DENIZ-RODRIGUEZ, Petitioner.

No. 1 CA-CR 13-0512 PRPC

Petition for Review from the Superior Court in Coconino County

No. 1 CA-CR 2012-00164

The Honorable Mark R. Moran, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Coconino County Attorney’s Office, Flagstaff

By Stacy Krueger

Counsel for Respondent

Jose Deniz-Rodriguez, Tucson

Petitioner

MEMORANDUM DECISION

Presiding Judge Margaret H. Downie, Judge Patricia K. Norris, and Judge 

Randall M. Howe delivered the decision of the Court.
STATE v. DENIZ-RODRIGUEZ

Decision of the Court

2

PER CURIAM:

¶1 Jose Deniz-Rodriguez petitions for review of the trial court’s 

summary dismissal of his petition for post-conviction relief filed pursuant 

to Rule 32, Ariz. R. Crim. P. We have considered his petition and, for the 

reasons stated, grant review but deny relief.

BACKGROUND

¶2 Deniz-Rodriguez was indicted on one count of first degree 

burglary, two counts of aggravated assault, two counts of criminal damage, 

and one count of threatening or intimidating. Deniz-Rodriguez pled guilty 

to one count of aggravated assault, a class 3 felony and dangerous offense, 

in exchange for dismissal of the other charges. Pursuant to the plea 

agreement, the trial court sentenced Deniz-Rodriguez to an aggravated 

twelve-year term of imprisonment with credit for 534 days of presentence 

incarceration. 

¶3 Deniz-Rodriguez filed a timely notice of post-conviction 

relief, and appointed counsel filed a notice stating she had investigated the 

case but had found no claims to raise. Deniz-Rodriguez thereafter filed a 

pro se petition for post-conviction relief in which he argued that his guilty 

plea should be set aside for lack of a factual basis. The trial court summarily 

dismissed the petition based on a finding that an adequate factual basis had 

been provided at the change of plea hearing. 

DISCUSSION 

¶4 Deniz-Rodriguez contends the trial court erred in denying 

relief because the factual basis for his guilty plea was inadequate in that he 

never admitted to the specific elements of the offense. We review the 

summary dismissal of a petition for post-conviction relief for an abuse of 

discretion. State v. Bennett, 213 Ariz. 562, 566 ¶ 17, 146 P.3d 63, 67 (2006). 

¶5 Contrary to Deniz-Rodriguez’s contention, there is no 

requirement that a defendant expressly admit to the elements of the offense. 

Rather, a guilty plea may be properly accepted even though the defendant 

does not admit to having committed the offense, “as long as the trial court 

is careful to ascertain that there is a factual basis for the plea.” State v. Dixon, 

111 Ariz. 92, 94, 523 P.2d 789, 791 (1974). Here, defense counsel, without 

objection, stated the factual basis for the guilty plea at the change of plea 

hearing as follows: “Mr. Deniz-Rodriguez recklessly discharged a shotgun, 

which struck and severely injured [the victim].” Defense counsel’s 

statement encompasses all the elements for the offense of reckless 
STATE v. DENIZ-RODRIGUEZ

Decision of the Court

3

aggravated assault to which Deniz-Rodriguez pled guilty. See Ariz. Rev. 

Stat. §§ 13-1203(A)(1), -1204(A)(2). The factual basis provided by defense 

counsel was further supported by the presentence report, which was filed 

without objection and detailed the circumstances under which DenizRodriguez recklessly shot the victim. See State v. Sodders, 130 Ariz. 23, 25, 

633 P.2d 432, 434 (App. 1981) (holding court may consider the extended 

record, including presentence report, in determining whether sufficient 

factual basis exists for guilty plea). Accordingly, the trial court did not

abuse its discretion in ruling that Deniz-Rodriguez failed to state a colorable 

claim for relief. 

CONCLUSION

¶6 For the foregoing reasons, we grant review but deny relief.