State v. Bailey

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

LEON LANKFORD BAILEY, JR., Petitioner.

No. 1 CA-CR 24-0066 PRPC
FILED 02-25-2025

Petition for Review from the Superior Court in Maricopa County
No. CR2022-140097-001
The Honorable Kerstin G. LeMaire, Judge

AFFIRMED

COUNSEL

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

Leon Lankford Bailey, Jr., San Luis
Petitioner
 STATE v. BAILEY
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Brian Y. Furuya, Chief Judge David B. Gass and Vice Chief
Judge Randall M. Howe delivered the decision of the court.

PER CURIAM:

¶1 Petitioner Leon Lankford Bailey, Jr. seeks review of the
superior court’s order denying his petition for post-conviction relief. This is
petitioner’s first 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 (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, 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 reply. Petitioner has not established an abuse of discretion.

¶4 We grant review but deny relief.

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

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