Opinion
1 CA-CR 21-0256 PRPC
10-28-2021
STATE OF ARIZONA, Respondent, v. GERALD MELVIN CALMESE, Petitioner.
Maricopa County Attorney's Office, Phoenix By Amanda M. Parker Counsel for Respondent Gerald Melvin Calmese, Tucson 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Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court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 Amanda M. Parker
Counsel for Respondent
Gerald Melvin Calmese, Tucson
Petitioner
Presiding Judge D. Steven Williams, Judge David B. Gass, and Judge James B. Morse Jr. delivered the decision of the Court.
MEMORANDUM DECISION 1
PER CURIAM
¶1 Petitioner Gerald Melvin Calmese seeks review of the superior court's order denying his petition for post-conviction relief. This is petitioner's latest successive 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, 278 P.3d 1276, 1280 (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, ¶ 1, 260 P.3d 1102, 1103 (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, and the petition for review. The petitioner has failed to show an abuse of discretion.
¶4 For the foregoing reasons, this court grants review but denies relief. 2