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State v. Freeman

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 30, 2019
No. 1 CA-CR 18-0751 PRPC (Ariz. Ct. App. Apr. 30, 2019)

Opinion

No. 1 CA-CR 18-0751 PRPC

04-30-2019

STATE OF ARIZONA, Respondent, v. BENJAMIN FREEMAN, Petitioner.

COUNSEL Maricopa County Attorney's Office, Phoenix By Adena J. Astrowsky Counsel for Respondent Benjamin Freeman, Tucson Petitioner


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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Petition for Review from the Superior Court in Maricopa County
No. CR2013-003808-001
No. CR2013-003877-001 (Consolidated)
The Honorable David O. Cunanan, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix
By Adena J. Astrowsky
Counsel for Respondent

Benjamin Freeman, Tucson
Petitioner

MEMORANDUM DECISION

Presiding Judge David D. Weinzweig delivered the decision of the Court, in which Judge Kent E. Cattani and Judge James P. Beene joined.

WEINZWEIG, Judge:

¶1 Petitioner Benjamin Freeman 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 petitioner's first 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. We find that petitioner has not established an abuse of discretion.

¶4 We grant review and deny relief.


Summaries of

State v. Freeman

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 30, 2019
No. 1 CA-CR 18-0751 PRPC (Ariz. Ct. App. Apr. 30, 2019)
Case details for

State v. Freeman

Case Details

Full title:STATE OF ARIZONA, Respondent, v. BENJAMIN FREEMAN, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Apr 30, 2019

Citations

No. 1 CA-CR 18-0751 PRPC (Ariz. Ct. App. Apr. 30, 2019)

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State v. Freeman

We affirmed Freeman's convictions and sentences on appeal, State v. Freeman, No. 1 CA-CR 16-0074, 1 CA-CR…