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Arizona court determines sentencing sets appeal deadline

PHOENIX — The Arizona Supreme Court said the countdown begins on when
criminal defendants must file appeals when a judge pronounces sentence, not when
a court clerk files the resulting paperwork.

Lower-court judges had disagreed on whether a man convicted in Pima County of
aggravated DUI in 2011 filed his appeal notice within the required 20 days.

Brady Whitman Jr. filed his notice of appeal 19 days after a clerk filed the
judge’s sentencing order but 21 days after the sentencing.

The Supreme Court’s ruling acknowledged that a court rule setting the 20-day
deadline is ambiguous but said starting the 20 days with the sentencing is
“simple, fair and expedient.”

The judges dismissed Whitman’s appeal but said he can to file a late appeal
because his delay wasn’t his fault.


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