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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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