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Rule 24.3. Modification of Sentence

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: July 1, 2023

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VII. Post-Verdict Proceedings
Rule 24. Post-Trial Motions
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 24.3
Rule 24.3. Modification of Sentence
(a) Generally. No later than 60 days of the entry of judgment and sentence or, if a notice of appeal has already been filed under Rule 31, no later than 15 days after the appellate clerk distributes a notice under Rule 31.9(e) that the record on appeal has been filed, the court may correct any unlawful sentence or one imposed in an unlawful manner.
(b) Mitigation. Unless otherwise provided by law, the court may mitigate a monetary obligation imposed at sentencing.
(c) Appeal.
(1) Noncapital Cases. In noncapital cases, the party appealing a final decision under Rule 24.3 must file a notice of appeal with the trial court clerk no later than 20 days after entry of the decision in superior court cases, or no later than 14 days after entry of the decision in limited jurisdiction court cases.
(2) Capital Cases. In capital cases, after denying modification of a sentence of death, the court must order the clerk to file a notice of appeal from the denial.
(v) Victims' Rights. The provisions of Rule 39 apply to any criminal proceeding concerning mitigation of a monetary obligation, including mitigation under (b).

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Dec. 13, 2018, effective Jan. 1, 2019; Dec. 8, 2022, effective July 1, 2023.
16A A. R. S. Rules Crim. Proc., Rule 24.3, AZ ST RCRP Rule 24.3
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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