State v. Ross

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

MICHAEL DEAN ROSS, Petitioner.

No. 1 CA-CR 25-0309 PRPC
FILED 02-04-2026

Appeal from the Superior Court in Maricopa County
No. CR2012-008684-001
The Honorable Pamela Hearn Dunne, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Michael Dean Ross, Florence
Petitioner

Maricopa County Attorney’s Office, Phoenix
By Phillip D. Garrow
Counsel for Respondent
 STATE v. ROSS
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Samuel A. Thumma, Judge Andrew J. Becke, and Judge
Kent E. Cattani delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Michael Dean Ross seeks review of the superior
court’s order denying his notice requesting post-conviction relief from his
guilty plea to attempted sexual exploitation of a minor, sexual exploitation
of a minor and luring a minor for sexual exploitation. This is petitioner’s
fourth request 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 request 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 relief. See
State v. Poblete, 227 Ariz. 537 ¶ 1 (App. 2011) (petitioner has burden of
establishing abuse of discretion on review).

¶3 This court has reviewed the record in this matter, the superior
court’s order denying the petition for post-conviction relief, and the petition
for review. This court finds that petitioner has not shown the superior court
abused its discretion.

¶4 Accordingly, this court grants review but denies relief.

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

2