§ 4.4.1 Appeal By Defendant.

• Jurisdiction: Arizona

§ 4.4.1 Appeal By Defendant. The Arizona Constitution grants a defendant the right to appeal from a criminal conviction. See ARIZ. CONST. art. II, § 24. The Arizona Rules of Criminal Procedure govern the procedure for appeals from superior court.

When a defendant receives a death sentence, all judgments and sentences in the case are automatically appealed to the supreme court. See Rules 26.15, 31.2(b); A.R.S. § 13-4031. A defendant cannot waive the automatic appeal in a death penalty case. See State v. Brewer, 170 Ariz. 486, 494, 826 P.2d 783, 791(1992).

A.R.S. § 13-4033(A) allows a noncapital defendant to appeal from: (1) a final judgment of conviction or verdict of guilty except insane; (2) the denial of a motion for a new trial; (3) “an order made after judgment affecting the substantial rights of the party”; and (4) a sentence on the grounds that it is illegal or excessive. Appellate review of motions for a new trial, motions to vacate judgment and petitions for post-conviction relief that raise common issues of law or fact may be consolidated with pending appeals. See Rule 31.4(b).

In a noncapital case, the defendant may not appeal a judgment of guilt or sentence that came after a guilty plea or admission of a probation violation. See A.R.S. § 13-4033(B); State v. Rodriguez-Gonzales, 208 Ariz. 198, 199-200, ¶¶ 4-5, 92 P.3d 424, 425-26 (App. 2004) (when defendant pled guilty but was re-sentenced after post-conviction proceedings, appellate court had no jurisdiction to review new sentence by direct appeal); cf. State v. Medrano-Barraza, 190 Ariz. 472, 474, 949 P.2d 561, 563 (App...