State v. Cross

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

DAVID ALAN CROSS, Petitioner.

No. 1 CA-CR 17-0142 PRPC
FILED 1-16-2018

Petition for Review from the Superior Court in Maricopa County
No. CR2013-456885-001
The Honorable Erin Otis, Judge

REVIEW GRANTED; RELIEF DENIED

APPEARANCES

David Alan Cross, San Luis
Petitioner

Maricopa County Attorney’s Office, Phoenix
By Adena J. Astrowsky
Counsel for Respondent
 STATE v. CROSS
Decision of the Court

MEMORANDUM DECISION

Presiding Judge James P. Beene, Judge Randall M. Howe and Judge Kent E.
Cattani delivered the following decision.

PER CURIAM:

¶1 Petitioner David Alan Cross seeks review of the superior
court’s order denying his petition for post-conviction relief, filed pursuant
to Arizona Rule of Criminal Procedure 32.1. This is Petitioner’s first petition
for post-conviction relief.

¶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

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