Arizona

Criminal Procedure

Criminal Procedure

Rule 20 – Judgment of Acquittal or Unproven Aggravator

(a)Before Verdict.

(1)Acquittal. After the close of evidence on either side, and on motion or on its own, the court must enter a judgment of acquittal on any offense charged in an indictment, information, or complaint if there is no substantial evidence to support a conviction.
(2)Aggravation. After the close of evidence on either side in an aggravation phase, and on motion or on its own, the court must enter a judgment that an aggravating circumstance or other sentence enhancement was not proven if there is no substantial evidence to support the allegation.
(3)Timing. The court must rule on a defendant’s motion with all possible speed. Until the motion is decided, the defendant is not required to proceed.
(b)After Verdict.

(1)On Motion. A defendant may make or renew a motion for judgment of acquittal or unproven aggravator or other sentence enhancement on any conviction or allegation no later than 10 days after any verdict is returned.
(2)On Court’s Own Initiative. After the verdict, if the court determines that there is no substantial evidence to support the verdict, the court on its own must order a judgment of acquittal or find an aggravator or other sentence enhancement not proven.

Ariz. R. Crim. P. 20

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 20, relating to judgment of acquittal, was abrogated effective January 1, 2018.