Arizona

Criminal Procedure

Criminal Procedure

Rule 26.11 – A Courts Duty After Pronouncing Sentence

(a)Disclosures. After pronouncing judgment and sentence, the court must:

(1) inform the defendant:

(A) of the right to appeal the judgment, sentence, or both;
(B) of the right to seek post-conviction relief; and
(C) that the failure to file a timely notice of appeal or timely notice of post-conviction relief will result in the loss of those rights;
(D) of the right to apply to have the judgment of conviction set aside, except as provided in A.R.S. ยง 13-905(K); and
(E) of the right to the restoration of civil rights.
(2) advise that:

(A) if the defendant is indigent, as defined in Rule 6.1(b), the court will appoint counsel to represent the defendant on appeal; and
(B) if the defendant is unable to pay for certified copies of the record on appeal and a certified transcript, the county will provide them; and
(3) advise that the defendant may waive the right to appellate counsel by filing a written notice no later than 30 days after filing the notice of appeal.
(b)Written Notice. The court must provide the defendant with a written notice of the rights set forth in (a) and the procedures the defendant must follow to exercise them. The record must show affirmatively the defendant’s receipt of the notice.

Ariz. R. Crim. P. 26.11

Added August 31, 2017, effective January 1, 2018; amended on an emergency basis June 15, 2018, effective August 3, 2018, adopted on a permanent basis December 13, 2018; amended July 3, 2019, effective August 27, 2019.

COMMENT

The defendant’s trial counsel has a duty under Rule 6.3(b) to advise the client whether or not an appeal would be beneficial and to continue representing the defendant if an appeal is taken, unless counsel shows good cause why counsel should be allowed to withdraw. Rule 41, Form 23 should be used to notify the defendant of the rights to appeal and to counsel on appeal.

The Superior Court Rules of Appellate Procedure-Criminal govern appeals from justice courts and municipal courts.

HISTORICAL AND STATUTORY NOTES

Former Rule 26.11, relating to duty of the court after pronouncing sentence, was abrogated effective January 1, 2018.