Arizona

Criminal Procedure

Criminal Procedure

Rule 31.19 – An Appellate Courts Orders and Decisions

(a) Notice of an Order or a Decision. When an appellate court enters an order or a decision, the appellate clerk must promptly notify all parties and amicus curiae by mail or electronic distribution. The notice must state the date the appellate court filed the order or decision, and the appellate clerk must include with the notice a copy of the order or decision or a hyperlink to the order or decision. The appellate clerk must note the date of mailing or electronic distribution in the appellate court’s docket.
(b) Order Pending a Decision. An appellate court may issue any order during the course of an appeal that it deems necessary or appropriate to facilitate or expedite the appeal’s consideration.
(c) Decision. The appellate court may reverse, affirm, or modify the action of a lower court, and it may issue any necessary and appropriate order in connection with its decision.
(d) Modification of a Judgment upon Finding of Insufficient Evidence at Trial. An appellate court may modify a judgment to one of conviction for a lesser-included offense and remand the case for resentencing if:

(1) the evidence introduced at trial is not legally sufficient to establish the defendant’s guilt for the offense for which the defendant was convicted; but
(2) the evidence is legally sufficient to establish defendant’s guilt of a necessarily lesser-included offense.
(e) Publication of Decisions; Depublication; Decisions as Precedent. Supreme Court Rule 111 governs the types of dispositions, the publication of decisions, depublication, and the precedential effect of decisions.
(f) Partial Publication. If an appellate court concludes that only a portion of its decision meets the criteria for publication as an opinion, the court may issue that portion of the decision as a published opinion and the remainder of the decision as a separate memorandum decision not intended for publication.

Ariz. R. Crim. P. 31.19

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

HISTORICAL AND STATUTORY NOTES

Former Rule 31.19, relating to petitions for review, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 31.21.