State v. Moore

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.
CHEYENNE DEAN MOORE, Petitioner.
No. 1 CA-CR 22-0401 PRPC
FILED 4-20-2023
Petition for Review from the Superior Court in Mohave County
No. S8015CR201800830
The Honorable Douglas Camacho, Judge Pro Tempore
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Mohave County Attorney’s Office, Kingman
By Jacob Cote
Counsel for Respondent
Cheyenne Dean Moore, Florence
Petitioner
MEMORANDUM DECISION
Vice Chief Judge David B. Gass, Judge Brian Y. Furuya, and Judge Andrew
M. Jacobs delivered the decision of the court.
STATE v. MOORE
Decision of the Court
PER CURIAM:
¶1 Petitioner Cheyenne Dean Moore seeks review of the superior
court’s order denying his petition for post-conviction relief. This is
petitioner’s seventh 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, the petition for
review, and the response. We find that petitioner has not established an
abuse of discretion.
¶4 We grant review and deny relief.
AMY M. WOOD • Clerk of the Court
FILED: AA
2