State v. Brown

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

No. 1 CA-CR 23-0493 PRPC
FILED 01-28-2025

Petition for Review from the Superior Court in Maricopa County
No. CR2021-001216-001
The Honorable Geoffrey H. Fish, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix
By Douglas Gerlach
Counsel for Respondent

Dominique Dishawn Brown, Phoenix
Petitioner
 STATE v. BROWN
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Brian Y. Furuya, Judge Maria Elena Cruz and Chief Judge
David B. Gass delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Dominique Dishawn Brown seeks review of the
superior court’s order denying his petition for post-conviction relief. This is
petitioner’s first 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 (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, 538, ¶ 1 (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, the petition for
review, and the response and reply. We find that petitioner has not
established an abuse of discretion.

¶4 We grant review but deny relief.

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

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