Home Table of Contents

Rule 33.3. Nature of a Post-Conviction Proceeding and Relation to Other Remedies

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: April 2, 2020

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VIII. Appeal and Other Post-Conviction Relief
Rule 33. Post-Conviction Relief for Defendants Who Pled Guilty or NO Contest, Who Admitted a Probation Violation, or Who Had an Automatic Probation Violation
Effective: April 2, 2020
16A A.R.S. Rules Crim.Proc., Rule 33.3
Formerly cited as AZ ST RCRP Rule 32.3
Rule 33.3. Nature of a Post-Conviction Proceeding and Relation to Other Remedies
(a) Generally. A post-conviction proceeding is part of the original criminal action and is not a separate action. It replaces and incorporates all trial court post-plea remedies except those obtainable by Rule 24 motions and habeas corpus.
(b) Other Applications or Requests for Relief. If a court receives any type of application or request for relief--however titled--that challenges the validity of the defendant's plea or admission of a probation violation, or a sentence following entry of a plea or admission of a probation violation, it must treat the application as a petition for post-conviction relief. If that court is not the court that sentenced the defendant, it must transfer the application or request for relief to the court where the defendant was sentenced.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020. Amended effective April 2, 2020.
16A A. R. S. Rules Crim. Proc., Rule 33.3, AZ ST RCRP Rule 33.3
State Court Rules are current with amendments received through May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
End of Document