State v. Calmese

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
GERALD MELVIN CALMESE, Petitioner.
No. 1 CA-CR 22-0429 PRPC
FILED 2-23-2023
Petition for Review from the Superior Court in Maricopa County
No. CR2010-008080-001
The Honorable Daniel G. Martin, Judge
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Maricopa County Attorney’s Office, Phoenix
By Robert E. Prather
Counsel for Respondent
Gerald Melvin Calmese, Eloy
Petitioner
MEMORANDUM DECISION
Presiding Judge Jennifer M. Perkins, Judge Angela K. Paton, and Judge D.
Steven Williams delivered the decision of the Court.
STATE v. CALMESE
Decision of the Court
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.
AMY M. WOOD • Clerk of the Court
FILED: AA
2