ROY FERNANDEZ v. STATE OF ARIZONA

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IN THE ARIZONA COURT OF APPEALS DIVISION TWO ROY FERNANDEZ, Petitioner/Appellant, v. THE STATE OF ARIZONA, Respondent/Appellee. No. 2 CA-HC 2016-0002 Filed October 31, 2016 THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. NOT FOR PUBLICATION See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Civ. App. P. 28(a)(1), (f). Appeal from the Superior Court in Pinal County No. S1100CV201600738 The Honorable Dwight P. Callahan, Judge Pro Tempore APPEAL DISMISSED COUNSEL Roy Fernandez In Propria Persona FERNANDEZ v. STATE Decision of the Court William G. Montgomery, Maricopa County Attorney By Diane Meloche, Deputy County Attorney, Phoenix Counsel for Respondent/Appellee MEMORANDUM DECISION Judge Miller authored the decision of the Court, in which Presiding Judge Vásquez and Chief Judge Eckerstrom concurred. M I L L E R, Judge: ¶1 Roy Fernandez appeals from the trial court’s order construing his “writ of mandamus,” in which he challenged his conviction in Maricopa County Cause No. CR 2010102629 and sought release from custody, as a petition for writ of habeas corpus. Pursuant to Rule 32.3, Ariz. R. Crim. P., the court transferred Fernandez’s petition to the Maricopa County Superior Court and directed that it be treated in that court as a petition for postconviction relief under Rule 32, Ariz. R. Crim. P. ¶2 The trial court’s transfer order was not “an order or judgment refusing [Fernandez’s] discharge,” A.R.S. § 122101(A)(11)(a); it therefore is not an appealable order, see id., and we lack jurisdiction to consider Fernandez’s appeal. Accordingly, this appeal is dismissed. 2

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