APPEALS / RULE 32



APPEALS AND WRITS

Section 24 of the Arizona Constitution guarantees the defendant in a criminal prosecution the right to appeal his or her conviction. The purpose of an appeal is to ensure that the trial court did not make any legal errors throughout the trial process. Appeals may result in the reversal of a person’s trial court conviction. In the case of an appeal from a municipal or justice court, the defendant must file a notice of appeal with the clerk of the trial court within 10 days after the entry of judgment and sentence. Ariz. R. Crim. P. 30.2. In the case of an appeal from Superior Court, the defendant must file a notice of appeal with the clerk of the court within 20 days after the entry of judgment and sentence. Ariz. R. Crim. P. 31.3.

Criminal appeals and specialized legal writs are active areas of practice for our firm. Following a conviction, appellate lawyers review the trial transcript or the “record” to determine if one or more legal errors may have occurred. If so, the conviction can be attacked in the Appellate Court and possibly overturned.

A successful appeal can also result in the suppression of evidence, a reduction in sentence, or the granting of a new trial. Because appeals are based on the "record" in the case as it occurred in the trial court, no new evidence is usually presented with the briefs submitted to the Appellate Court. Appeals are almost always time consuming and drawn out, but can reap great rewards for those erroneously convicted.

Under Arizona law, the court shall not release a defendant on bond pending appeal following conviction and incarceration for a felony offense for which he has received a sentence of imprisonment except when the court is satisfied the person in custody is in such physical condition that continued confinement would endanger his life. A.R.S. § 13-3961.01.



RULE 32 POST-CONVICTION REMEDIES

Following conviction, a Rule 32 Petition for Post-Conviction Relief (“PCR”) may be filed in an attempt to overturn the conviction to win early release or dismissal of the case. A PCR notice must be filed within ninety days after the entry of judgment and sentence or within thirty days after the issuance of the final order or mandate by the appellate court. Ariz.R.Crim.P.32.4

Grounds to file a petition pursuant to Rule 32.1 include the following:
1. The conviction or sentence is in violation of the Constitution of the United States or the State of Arizona.
2. The court was without jurisdiction to render judgment or impose sentence.
3. The sentence imposed exceeds the maximum allowed by law.
4. The person is held in custody after the sentence expired.
5. Newly discovered material facts probably exist and such facts probably would have changed the verdict or sentence.
6. The defendant failed to appeal and it was not the fault of the defendant.
7. There has been a significant change of law that if determined to supply to defendant’s case would probably overturn the defendant’s conviction or sentence.


PCR proceedings are precluded when: (1) the issue should have been raised on appeal; (2) the issue was already decided in an appeal or collateral proceeding; and (3) when the issue has been waived. Ariz.R.Crim.P.32.2.





The Gillespie Law Firm, P.C. is a leading Phoenix, Arizona DUI and criminal defense law firm dedicated to the aggressive representation of clients involving all aspects of vehicular crimes and criminal litigation. We handle cases in Federal, State, Municipal, Juvenile, and Appellate Courts throughout the greater Phoenix Metropolitan Area and all of Arizona.

 
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