Arizona

Criminal Procedure

Criminal Procedure

Rule 24.3 – Modification of Sentence

(a)Generally. No later than 60 days of the entry of judgment and sentence or, if a notice of appeal has already been filed under Rule 31, no later than 15 days after the appellate clerk distributes a notice under Rule 31.9(e) that the record on appeal has been filed, the court may correct any unlawful sentence or one imposed in an unlawful manner.
(b)Mitigation. Unless otherwise provided by law, the court may mitigate a monetary obligation imposed at sentencing. The provisions of Rule 39 apply to any criminal proceeding concerning mitigation of a monetary obligation.
(c)Appeal.

(1)Noncapital Cases. In noncapital cases, the party appealing a final decision under Rule 24.3 must file a notice of appeal with the trial court clerk no later than 20 days after entry of the decision in superior court cases, or no later than 14 days after entry of the decision in limited jurisdiction court cases.
(2)Capital Cases. In capital cases, after denying modification of a sentence of death, the court must order the clerk to file a notice of appeal from the denial.

Ariz. R. Crim. P. 24.3

Added August 31, 2017, effective January 1, 2018; amended Dec. 13, 2018, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 24.3, relating to modification of sentence, was abrogated effective January 1, 2018.