State v. Ewing

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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.

DOMINIQUE DARRON EWING, Petitioner.

No. 1 CA-CR 20-0501 PRPC FILED 5-11-2021

Appeal from the Superior Court in Maricopa County No. CR2010-158472-002

The Honorable Joseph C. Kreamer, Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix

By Amanda M. Parker

Counsel for Appellee

Dominique Darron Ewing, Safford

Petitioner STATE v. EWING

Decision of the Court

MEMORANDUM DECISION

Presiding Judge Kent E. Cattani, Judge Samuel A. Thumma, and Judge Brian Y. Furuya delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Dominique Darron Ewing seeks review of the superior court’s order denying his petition for post-conviction relief. This is Ewing’s second 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, 278 P.3d 1276, 1280 (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, ¶ 1, 260 P.3d 1102, 1103 (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, and the petition for review. We find that petitioner has not established an abuse of discretion.

¶4 We grant review and deny relief.

AMY M. WOOD • Clerk of the Court FILED: AA