State v. Gibson

Opinion

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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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

ERIC SHAW GIBSON, Petitioner.

No. 1 CA-CR 14-0766 PRPC FILED 12-6-2016

Petition for Review from the Superior Court in Maricopa County No. CR2010-048032-001 The Honorable Sherry K. Stephens, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix By Lisa Marie Martin Counsel for Respondent

Eric Shaw Gibson, Florence Petitioner

MEMORANDUM DECISION

Presiding Judge Diane M. Johnsen, Judge Jon W. Thompson and Judge Paul J. McMurdie issued the decision of the court. STATE v. GIBSON Decision of the Court

PER CURIAM:

¶1 Eric Shaw Gibson petitions for review of the summary dismissal of his petition for post-conviction relief. We have considered the petition for review and, for the reasons stated, grant review but deny relief.

¶2 Following a jury trial, Gibson was convicted of two counts of robbery and sentenced to concurrent 11-year prison terms. This court affirmed the convictions and sentences on appeal. State v. Gibson, 1 CA-CR 11-0489, 2013 WL 440637 (Ariz. App. Feb. 5, 2013) (mem. decision).

¶3 Gibson commenced a timely proceeding for post-conviction relief and filed a pro se petition, in which he asserted claims of ineffective assistance of trial and appellate counsel. In summarily dismissing the petition, the superior court issued a ruling that clearly identified, fully addressed, and correctly resolved the claims. Under these circumstances, we need not repeat that court's analysis here; instead, we adopt it. See State v. Whipple, 177 Ariz. 272, 274 (App. 1993) (when superior court rules "in a fashion that will allow any court in the future to understand the resolution[,] [n]o useful purpose would be served by this court rehashing the trial court's correct ruling in [the] written decision").

¶4 Accordingly, although we grant review, we deny relief.

AMY M. WOOD • Clerk of the Court FILED: AA