State v. Freeman

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

BENJAMIN FREEMAN, Petitioner.

No. 1 CA-CR 25-0239 PRPC
FILED 12-23-2025

Petition for Review from the Superior Court in Maricopa County
Nos. CR2013-003808-001
The Honorable Margaret LaBianca, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix
By Philip D. Garrow
Counsel for Respondent

Benjamin Freeman, Yuma
Petitioner
 STATE v. FREEMAN
Decision of the Court

MEMORANDUM DECISION

Judge Cynthia J. Bailey delivered the decision of the Court, in which
Presiding Judge Daniel J. Kiley and Judge D. Steven Williams joined.

B A I L E Y, Judge:

¶1 Petitioner Benjamin Freeman seeks review of the superior
court’s order denying his petition for post-conviction relief. This is
petitioner’s seventh successive petition.

¶2 Absent an abuse of discretion or error of law, we 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 the superior court abused its discretion by denying the petition for
post-conviction relief. See State v. Poblete, 227 Ariz. 537, 537, ¶ 1 (App. 2011)
(petitioner has the 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.

MATTHEW J. MARTIN • Clerk of the Court
FILED: JT

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