State v. Cottrell

── State v. Cottrell ── Court: Court of Appeals of Arizona Date: April 13, 2026 Category: General 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CHAD ANDREW COTTRELL, Petitioner. No. 1 CA-CR 24-0475 PRPC FILED 04-13-2026 Petition for Review from the Superior Court in Maricopa County No. CR2020-128438-001 The Honorable Anne H. Phillips, Commissioner (Retired) REVIEW GRANTED; RELIEF DENIED COUNSEL Maricopa County Attorney’s Office, Phoenix By Phillip D. Garrow Counsel for Respondent Maricopa County Office of the Legal Advocate, Phoenix By Grace M. Guisewite Counsel for Petitioner  STATE v. COTTRELL Decision of the Court MEMORANDUM DECISION Presiding Judge Anni Hill Foster delivered the decision of the Court in which Judge Michael J. Brown and Judge Paul J. McMurdie 1 joined. F O S T E R, Judge: ¶1 Petitioner Chad Cottrell seeks review of the superior court’s dismissal of his first petition for post-conviction relief (“PCR”). For the following reasons, this Court grants review but denies relief. FACTS AND PROCEDURAL HISTORY ¶2 In July 2020, Cottrell “was entrusted with the victim’s care” when he “threw her on the ground” from her bed, “dragg[ed] her by the ankles,” “tied her hands above her head and hit her head with a wooden spoon” and “put a handgun in her mouth and threatened to kill her if she told anyone what happened.” Later that day, the victim’s mother discovered “visible bruising near [the victim’s] eye,” “extreme bruising along both the victim’s arms and scrape[s] on her back.” ¶3 The State charged Cottrell with two counts: aggravated assault, A.R.S. § 13-1203 (reasonable apprehension), and vulnerable adult abuse, A.R.S. § 13-3623(B), both designated as domestic violence offenses. In June 2021, Cottrell signed a plea agreement to an “amended” aggravated assault charge under A.R.S. §§ 13-1203(A)(1) (causing physical injury) and -1204(A)(2) (use of deadly weapon). Cottrell also pled guilty to the vulnerable adult charge. The State dismissed the allegation of 1 Judge Paul J. McMurdie was a sitting member of this Court when the matter was assigned to this panel of the Court. He retired effective December 31, 2025. In accordance with the authority granted by Article 6, Section 3, of the Arizona Constitution and A.R.S. § 12-145, the Chief Justice of the Arizona Supreme Court designated Judge McMurdie as a judge pro tempore of the Court of Appeals, Division One, for the purpose of participating in the resolution of cases assigned to this panel during his term in office. 2  STATE v. COTTRELL Decision of the Court dangerousness in exchange for his plea to both charges. On July 29, 2021, the court found the vulnerable adult abuse offense was a Class 4 non- dangerous, non-repetitive, domestic violence felony and sentenced Cottrell to the presumptive term of two-and-a-half years’ incarceration, with 368 days of presentence incarceration credit. See A.R.S. § 13-702(D). The court found the aggravated assault charge was a Class 3, non-dangerous, non- repetitive, domestic violence felony and suspended the sentence and placed Cottrell on four years’ probation to run after his imprisonment. See A.R.S. § 13-902(A)(2). The court also notified Cottrell of his right to petition for PCR and that he had 90 days to file for such relief. ¶4 In March 2022, Cottrell’s probation officer pet