State v. Deals

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.

ROBERT DEALS, Petitioner.

No. 1 CA-CR 25-0024 PRPC
FILED 7-22-2025

Petition for Review from the Superior Court in Maricopa County
No. CR2011-102084-003
The Honorable Margaret LaBianca, Judge

AFFIRMED

COUNSEL

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

DiMaggio Law Office, PLLC, Scottsdale
By Kaitlin DiMaggio, Alexandria J. Hakala
Counsel for Petitioner
STATE v. DEALS
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Michael S. Catlett, Judge Daniel J. Kiley, and Vice Chief
Judge David D. Weinzweig delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Robert Deals seeks review of the superior court’s
order denying his petition for post-conviction relief. This is petitioner’s
third 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. Reed, 252 Ariz. 236, 238, ¶ 6 (App. 2021). Petitioner bears the burden
to show 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 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.

MATTHEW J. MARTIN • Clerk of the Court
FILED: JT

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