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Rule 17.1. The Defendant's Plea

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
V. Pleas of Guilty and NO Contest
Rule 17. Pleas of Guilty and NO Contest; Submitting a Case on the Record (Refs & Annos)
16A A.R.S. Rules Crim.Proc., Rule 17.1
Rule 17.1. The Defendant's Plea
(a) Jurisdiction; Personal Appearance.
(1) Jurisdiction. Only a court having jurisdiction to try the offense may accept a plea of guilty or no contest.
(2) Personal Appearance. Except as provided in these rules, a court may accept a plea only if the defendant makes it personally in open court. If the defendant is a corporation, defense counsel or a corporate officer may enter a plea for the corporation. For purposes of this rule, a defendant who makes an appearance under Rule 1.5 is deemed to personally appear.
(b) Voluntary and Intelligent Plea. A court may accept a plea of guilty or no contest only if the defendant enters the plea voluntarily and intelligently. Courts must use the procedures in Rules 17.2, 17.3, and 17.4 to assure compliance with this rule.
(c) No Contest Plea. A plea of no contest may be accepted only after the court gives due consideration to the parties' views and to the interest of the public in the effective administration of justice.
(d) Record of a Plea. The court must make a complete record of all plea proceedings.
(e) Waiver of Appeal. By pleading guilty or no contest in a noncapital case, a defendant waives the right to have the appellate courts review the proceedings on a direct appeal. A defendant who pleads guilty or no contest may seek review only by filing a petition for post-conviction relief under Rule 32 and, if it is denied, a petition for review.
(f) Limited Jurisdiction Court Alternatives for Entering a Plea.
(1) Telephonic Pleas.
(A) Eligibility. A limited jurisdiction court has discretion to accept a telephonic plea of guilty or no contest to an offense if the defendant provides written certification and the court finds the defendant:
(i) resides out-of-state or more than 100 miles from the court in which the plea is taken; or
(ii) has a serious medical condition so that appearing in person would be an undue hardship, regardless of distance to the court.
(B) Procedure. The defendant must submit the plea in writing substantially in the form set forth in Rule 41, Form 28. It must include the following:
(i) a statement by the defendant that the defendant has read and understands the information in the form, waives applicable constitutional rights for a plea, and enters a plea of guilty or no contest to each of offenses in the complaint; and
(ii) a certification from a peace officer in the state in which the defendant resides--or, if the defendant is an Arizona resident, a peace officer in the county in which the defendant resides--that the defendant personally appeared before the officer and signed the certification described in (f)(1)(B)(i), and the officer affixes the defendant's fingerprint to the form.
(C) Judicial Findings. Before accepting a plea, the court must hold a telephonic hearing with the parties, inform the defendant that the offense may be used as a prior conviction, and find:
(i) it has personally advised the defendant of the items set forth in the form;
(ii) a factual basis exists for believing the defendant is guilty of the charged offenses; and
(iii) the defendant's plea is knowingly, voluntarily, and intelligently entered.
(2) Plea by Mail.
(A) Eligibility. A limited jurisdiction court has discretion to accept by mail a written plea of guilty or no contest to a misdemeanor or petty offense if the court finds that a personal appearance by the defendant would constitute an undue hardship such as illness, physical incapacity, substantial travel distance, or incarceration. The presiding judge of each court must establish a policy for the State's participation in pleas submitted by mail.
(B) When a Plea May Not Be Accepted by Mail. A court may not accept a plea by mail in a case:
(i) involving a victim;
(ii) in which the court may impose a jail term, unless the defendant is sentenced to time served or the defendant is currently incarcerated and the proposed term of incarceration would be served concurrently and not extend the period of incarceration;
(iii) in which the court may sentence the defendant to a term of probation;
(iv) involving an offense for which A.R.S. § 13-607 requires the taking of a fingerprint upon sentencing; or
(v) in which this method of entering a plea would not be in the interests of justice.
(C) Procedure. The defendant must submit the plea in writing substantially in the form set forth in Rule 41, Form 28(a). The defendant must sign the plea form, which must include the following:
(i) a statement that the defendant has read and understands the information on the form, waives applicable constitutional rights for a plea, and enters a plea of guilty or no contest to each of the offenses in the complaint and consents to the entry of judgment; and
(ii) a statement for the court to consider when determining the sentence.
(D) Mailing. The court must mail a copy of the judgment to the defendant.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
Former Rule 17.1, relating to pleading by defendant, was abrogated effective Jan. 1, 2018. See, now, this rule.
16A A. R. S. Rules Crim. Proc., Rule 17.1, AZ ST RCRP Rule 17.1
Current with amendments received through 08/15/19
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