PHOENIX -- The Arizona Supreme Court said the countdown begins on when criminal defendants must file appeals when a judge pronounces sentence, not when a court clerk files the resulting paperwork.
Lower-court judges had disagreed on whether a man convicted in Pima County of aggravated DUI in 2011 filed his appeal notice within the required 20 days.
Brady Whitman Jr. filed his notice of appeal 19 days after a clerk filed the judge's sentencing order but 21 days after the sentencing.
The Supreme Court's ruling acknowledged that a court rule setting the 20-day deadline is ambiguous but said starting the 20 days with the sentencing is "simple, fair and expedient."
The judges dismissed Whitman's appeal but said he can to file a late appeal because his delay wasn't his fault.
- Dignity Health World Class People. World Class Company. Excellent care, delivered with compassion, for all in need.
- Eyes on Education A view of Arizona's education system from all angles.