*In limited jurisdiction cases, see Superior Court Rules of Appellate Procedure–Criminal Form 1

RIGHT TO APPEAL (CAPITAL)

If you are a capital defendant and sentenced to death the clerk shall file a notice of appeal at the time of entry of judgment and sentence. This notice shall be sufficient as a notice of appeal with respect to all judgments entered and sentences imposed in this case (Rule 31.2 b, Rules of Criminal Procedure).

RIGHT TO APPEAL (NON-CAPITAL)

You have a right to appeal from a final judgment of conviction, from an order denying a post-trial motion, or from a sentence which is illegal or excessive. Arizona Constitution art. 2, sec. 24; A.R.S. § 13-4031. YOU DO NOT HAVE A RIGHT TO DIRECT APPEAL IF YOU HAVE PLED GUILTY OR NO CONTEST OR HAVE ADMITTED A VIOLATION OF CONDITIONS OF PROBATION OR HAVE FAILED TO APPEAR AT SENTENCING CAUSING THE SENTENCING TO OCCUR MORE THAN 90 DAYS BEYOND THE DATE OF CONVICTION. IN THAT CASE, RELIEF MAY BE SOUGHT ONLY BY PETITION FOR POST-CONVICTION RELIEF. Rules 17.1, 17.2 and 27.8, Rules of Criminal Procedure, A.R.S. § 13-4033.

IN ORDER TO EXERCISE YOUR RIGHT TO APPEAL

1. You must file a NOTICE OF APPEAL (Form 24(a) ) within 20 days of the entry of judgment and sentence. If you do not file a notice of appeal within 20 days you will lose your right to appeal. The entry of judgment and sentence occurs at the time of sentencing.

2. To file a Notice of Appeal you should contact your lawyer, by letter, telephone or in person, telling him or her that you want to appeal. You can file the notice of appeal before you leave the courtroom on the day you are sentenced if you wish.

3. If you do not have a lawyer, get copies of Form 5, Defendant’s Financial Statement and Request for Appointment of Counsel and Form 24(a), Notice of Appeal, either from the clerk of the court, jail, or the prison, fill them both out and file or send them to the clerk of the superior court in the county where you were tried and sentenced. They must arrive at the clerk’s office within 20 days after you were sentenced.

4. You should have a lawyer handle your appeal. If you choose to waive your right to appellate counsel, you must file a written notice no later than thirty days after filing the notice of appeal. If the notice of waiver is given before the notice of appeal is filed, or is filed with the notice of appeal, it must be filed in the trial court. If the notice of waiver is given after the notice of appeal is filed, it must be filed in the appellate court. If the trial court determines that you knowingly, intelligently, and voluntarily desire to waive the right to appellate counsel, you will be allowed to represent yourself on appeal. The court may appoint advisory counsel during any stage of the appellate proceedings.

You must file a NOTICE OF APPEAL (Form 24(a) ) within 20 days of the entry of judgment and sentence. If you do not file a notice of appeal within 20 days you will lose your right to appeal. The entry of judgment and sentence occurs at the time of sentencing.

RIGHT TO POST-CONVICTION RELIEF (CAPITAL)

If you are a capital defendant and sentenced to death, the clerk of the Supreme Court shall file a notice of Post Conviction Relief with the Trial Court upon the issuance of a mandate affirming your conviction and sentence on direct appeal. If your death sentence is reduced to life on direct appeal, it is your responsibility to file your own Notice of Post Conviction Relief. (Please see Right to Post-Conviction Relief (Non-Capital) section below).

RIGHT TO POST-CONVICTION RELIEF (NON-CAPITAL)

You also have a right to petition the Superior Court for Post-Conviction Relief. Rule 32, Rules of Criminal Procedure.

In order to exercise your Post-Conviction Relief right;

1. You must file a NOTICE OF POST-CONVICTION RELIEF (Form 24(c) ) within 90 days of the entry of judgment and sentence if you do not file, or you do not have the right to file, a Notice of Appeal. If you do appeal, the time you have to file a Notice of Post-Conviction Relief extends from the entry of judgment and sentence to 30 days after the issuance of the order and mandate affirming the judgment and sentence on direct appeal.

NOTE: If you do not timely file a Notice of Post-Conviction Relief, you may never have another opportunity to have any errors made in your case corrected.

2. To seek post-conviction relief, you must obtain a copy of Form 24(c) (Notice of Post-Conviction Relief), either from your attorney, the clerk of the court, or the jail or prison, fill it out and file or send it to the clerk of the Superior Court of the county where you were sentenced. The notice must arrive at the clerk’s office within 90 days after you were sentenced or within 30 days after the issuance of the order and mandate affirming the judgment and sentence on direct appeal.

3. If you cannot afford to hire an attorney, you should execute the Affidavit of Indigency contained in the Notice of Post-Conviction Relief and request that an attorney be appointed to represent you.

If you want a full copy of the rules governing appeals and post- conviction relief, the clerk of the court in the county where you were convicted will send you one upon request.

RECEIPT BY DEFENDANT

I have received a copy of this notice explaining my right to appeal, my right to seek post-conviction relief and the procedures I must follow to exercise these rights.