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A.R.S. § 13-4032

Appeal by state

Applied in 18 court decisions — leading case Arizona v. Rumsey (1984)

Most recently applied in State of Arizona v. Tyler B. (October 2012)

How often courts cite this section

1979199020002010201240
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

An appeal may be taken by the state from:

1. An order dismissing an indictment, information or complaint or count of an indictment, information or complaint.

2. An order granting a new trial.

3. A ruling on a question of law adverse to the state when the defendant was convicted and appeals from the judgment.

4. An order made after judgment affecting the substantial rights of the state or a victim, except that the state shall only take an appeal on an order affecting the substantial rights of a victim at the victim's request.

5. A sentence on the grounds that it is illegal, or if the sentence imposed is other than the presumptive sentence authorized by section 13-702, section 13-703, section 13-704 or section 13-706, subsection A.

6. An order granting a motion to suppress the use of evidence.

7. A judgment of acquittal of one or more offenses charged in an indictment, information or complaint or count of an indictment, information or complaint that is entered after a verdict of guilty on the offense or offenses.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.