Rule 31: Appeal from Superior Court
17 A.R.S. Rules of Criminal Procedure, Rule 31, governs the appeal process. A Notice of Appeal should be filed with the Court within 20 days after entry of judgment and sentencing. If counsel wishes to withdraw after sentencing, it is very important that a Motion to Withdraw and Order is filed with the sentencing Judge so new counsel can be appointed. Appeals can no longer be filed from Change of Pleas. If you have any questions, please call the Appeals Unit at 724-3285.
Rule 32: Other Post-Conviction Relief
Criminal Rule 32.4 controls commencement of proceedings for other post-conviction relief. Upon the filing of a petition, the Clerk is directed to send copies to the County Attorney and the Attorney General. Proceedings shall be assigned to the sentencing Judge. The Court has no jurisdiction to consider a Rule 32 Petition while an appeal is pending unless the appeal has been stayed for this purpose.
If the record of trial proceedings has not been previously prepared, the defendant may request that the record be prepared. Forms are provided by the Clerk of the Court. The Court shall order those portions of the record prepared that it deems necessary to resolve issues raised in the petition. Time requirements for the Petition shall be tolled from the time of request until the record is prepared or the request is denied.
Time Runs on Rule 32 Petitions
Petitioner must file a Notice of Post-Conviction Relief on a non-capital case within 90 days of the entry of judgment and sentencing or within 30 days of receiving mandate affirming the sentence on direct appeal. Counsel will be appointed by the Court when requested and the defendant is determined to be indigent. Appointed counsel for defendant will have 60 days from the date of appointment to file a petition. The State has 45 days to respond. The defendant may file a reply 15 days after receipt of the State's response.
If you have any questions, call the Criminal Desk at 724-3220.