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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

EDWARD FAYE PARKS, Petitioner.

No. 1 CA-CR 14-0806 PRPC

Petition for Review from the Superior Court in Mohave County

No. S815CR201100853

The Honorable Steven F. Conn, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Mohave County Attorney’s Office, Kingman

By Matthew J. Smith

Counsel for Respondent

Edward Faye Parks, Eloy

Petitioner Pro Se
STATE v. PARKS

Decision of the Court

2

MEMORANDUM DECISION

Judge Paul J. McMurdie delivered the decision of the Court, in which 

Presiding Judge Diane M. Johnsen and Judge Jon W. Thompson joined.

M c M U R D I E, Judge:

¶1 Edward Faye Parks petitions for review of the trial court’s 

denial of his petition for post-conviction relief filed pursuant to Rule 32 of 

the Arizona Rules of Criminal Procedure. Absent an abuse of discretion, we 

will not disturb a trial court’s ruling on a petition for post-conviction relief.

State v. Bennett, 213 Ariz. 562, 566, ¶ 17 (2006). Finding no error, we grant 

review but deny relief. 

¶2 A jury convicted Parks of disorderly conduct with a weapon 

and two counts of aggravated assault. After this court affirmed his

convictions and sentences in State v. Parks, 1 CA-CR 12-0284 (Ariz. App. 

Apr. 23, 2013) (mem. decision), Parks filed a petition for post-conviction 

relief alleging a claim of ineffective assistance of counsel with respect to the 

plea negotiations. The trial court held an evidentiary hearing at which both 

Parks and his trial counsel testified. The testimony conflicted in regards to 

whether trial counsel properly advised Parks about the evidence necessary 

for the State to prove aggravated assault against a police officer. The trial 

court found that trial counsel had properly advised Parks regarding the 

State’s burden, and that Parks would not have agreed to the plea offer

regardless, as he would only accept a probation-only offer. The trial court 

denied relief.

¶3 To obtain relief on a claim of ineffective assistance of counsel, 

a defendant must show that counsel’s performance fell below objectively 

reasonable standards and that the deficient performance prejudiced the 

defendant. Strickland v. Washington, 466 U.S. 668, 687 (1984); State v. Nash, 

143 Ariz. 392, 397 (1985). When a trial court finds a claim colorable and 

conducts an evidentiary hearing, the defendant has the burden of proving 

all factual allegations by a preponderance of the evidence. Ariz. R. Crim. P. 

32.8(c). After an evidentiary hearing, our review of the trial court’s factual 

findings “is limited to a determination of whether those findings are clearly 

erroneous.” State v. Sasak, 178 Ariz. 182, 186 (App. 1993). When “the trial 

court’s ruling is based on substantial evidence, this court will affirm.” Id. 
STATE v. PARKS

Decision of the Court

3

¶4 Credibility determinations in a Rule 32 proceeding rest solely 

with the trial judge, State v. Fritz, 157 Ariz. 139, 141 (App. 1988), and it is for 

the trial court to resolve conflicting testimony. State v. Alvarado, 158 Ariz. 

89, 92 (App. 1988). The trial court found counsel’s testimony credible and 

Parks’ testimony not credible. Because the testimony at the evidentiary 

hearing provides substantial evidence to support the trial court’s findings, 

no basis exists for disturbing the trial court’s ruling that Parks failed to 

sustain his burden of proving he was deprived of effective assistance of 

counsel. 

¶5 While the petition for review seeks to present other issues, 

Parks did not raise those issues 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 (App. 1991).

¶6 For the foregoing reasons, although we grant review, we deny 

relief.