State v. Hamilton

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

ALPHEUS ELITE HAMILTON, Petitioner.

No. 1 CA-CR 25-0422 PRPC
FILED 05-28-2026

Appeal from the Superior Court in Maricopa County
No. CR2014-132517-001
The Honorable Daniel G. Martin, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

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

Alpheus Elite Hamilton, Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Michael J. Brown, Judge Veronika Fabian, and Vice Chief
Judge David D. Weinzweig delivered the decision of the Court.
STATE v. HAMILTON
Decision of the Court

PER CURIAM:

¶1 Petitioner Alpheus Elite Hamilton seeks review of the
superior court’s order dismissing his petition for post-conviction relief.
This is Hamilton’s third petition.

¶2 Absent an abuse of discretion or error of law, we 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 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, and the petition
for review. Hamilton has not established an abuse of discretion.

¶4 We therefore grant review and deny relief.

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

2