State v. Whitman
Annotate this CaseAt issue in this case was when “entry” occurs under Ariz. R. Crim. P. 31.3, which requires that a notice of appeal be filed within twenty days after the “entry” of judgment and sentence. After a jury trial, Defendant was convicted of four counts of aggravated DUI. Defendant filed his notice of appeal twenty-one days after his sentencing but only nineteen days after the clerk of court filed the minute entry memorializing Defendant's sentence. The State challenged the notice as untimely. The court of appeals held that the timeliness of Defendant’s appeal could be measured from the date the minute entry was filed. The Supreme Court vacated the opinion of the court of appeals and dismissed the appeal, holding that entry occurs when the sentence is pronounced, and defendants have twenty days from that date to file a notice of appeal.
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