State v. Baker

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

KIMMIE DWAYNE BAKER, Petitioner.

No. 1 CA-CR 26-0121 PRPC
FILED 09-11-2026

Petition for Review from the Superior Court in Maricopa County
No. CR2012-005802-001
The Honorable Monica Edelstein, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Kimmie Dwaye Baker, Phoenix
Petitioner

MEMORANDUM DECISION

Presiding Judge Jennifer M. Perkins, Judge Brian Y. Furuya, and Judge D.
Andrew Gaona delivered the following decision.

STATE v. BAKER
Decision of the Court

PER CURIAM:

¶1 Petitioner Kimmie Dwayne Baker, 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 Baker’s sixth
petition.

¶2 We will not disturb a superior court’s ruling on a petition for
post-conviction relief absent an abuse of discretion or legal error. See State
v. Gutierrez, 229 Ariz. 573, 577, ¶ 19 (2012). Baker has the burden to show
that the superior court erred in denying his petition for post-conviction
relief. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).

¶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. Baker has not established error.

¶4 We grant review but deny relief.

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

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