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Rule 20. Judgment of Acquittal or Unproven Aggravator

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VI. Trial
Rule 20. Judgment of Acquittal or Unproven Aggravator
Effective: September 1, 2019
16A A.R.S. Rules Crim.Proc., Rule 20
Rule 20. Judgment of Acquittal or Unproven Aggravator
(a) Before Verdict.
(1) Acquittal. After the close of evidence on either side, and on motion or on its own, the court must enter a judgment of acquittal on any offense charged in an indictment, information, or complaint if there is no substantial evidence to support a conviction.
(2) Aggravation. After the close of evidence on either side in an aggravation phase, and on motion or on its own, the court must enter a judgment that an aggravating circumstance or other sentence enhancement was not proven if there is no substantial evidence to support the allegation.
(3) Timing. The court must rule on a defendant's motion with all possible speed. Until the motion is decided, the defendant is not required to proceed.
(b) After Verdict.
(1) On Motion. A defendant may make or renew a motion for judgment of acquittal or unproven aggravator or other sentence enhancement on any conviction or allegation no later than 10 days after any verdict is returned.
(2) On Court's Own Initiative. After the verdict, if the court determines that there is no substantial evidence to support the verdict, the court on its own must order a judgment of acquittal or find an aggravator or other sentence enhancement not proven.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 20, AZ ST RCRP Rule 20
Current with amendments received through 08/15/2020.
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