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State v. Calmese

Court of Appeals of Arizona, First Division
Feb 23, 2023
1 CA-CR 22-0429 PRPC (Ariz. Ct. App. Feb. 23, 2023)

Opinion

1 CA-CR 22-0429 PRPC

02-23-2023

STATE OF ARIZONA, Respondent, v. GERALD MELVIN CALMESE, Petitioner.

Maricopa County Attorney's Office, Phoenix By Robert E. Prather Counsel for Respondent Gerald Melvin Calmese, Eloy Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2010-008080-001 The Honorable Daniel G. Martin, Judge

Maricopa County Attorney's Office, Phoenix By Robert E. Prather Counsel for Respondent

Gerald Melvin Calmese, Eloy Petitioner

Presiding Judge Jennifer M. Perkins, Judge Angela K. Paton, and Judge D. Steven Williams delivered the decision of the Court.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Gerald Melvin Calmese seeks review of the superior court's order dismissing his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is his fifth 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, petition, and response. Petitioner has not established an abuse of discretion.

¶4 For the foregoing reasons, we grant review but deny relief.


Summaries of

State v. Calmese

Court of Appeals of Arizona, First Division
Feb 23, 2023
1 CA-CR 22-0429 PRPC (Ariz. Ct. App. Feb. 23, 2023)
Case details for

State v. Calmese

Case Details

Full title:STATE OF ARIZONA, Respondent, v. GERALD MELVIN CALMESE, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Feb 23, 2023

Citations

1 CA-CR 22-0429 PRPC (Ariz. Ct. App. Feb. 23, 2023)