Legal Question in Criminal Law in Arizona

Rule 32 Armed Robbery

My son was convicted of a class 2 felony armed robbery. There were many discrepancies on the police report, e.g. Illegal search, wrong date, among other things.

His court appointed lawyer, told my son NOT to file a Rule 32 because it would be a ''waste time and he would get more years added to his sentence.''

If my son goes ahead with an appeal and loses will he really get more time added to his five year sentence?

Asked on 5/29/03, 5:49 pm

2 Answers from Attorneys

Otilia M. Díaz Law Office of Otilia M. Díaz
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Re: Rule 32 Armed Robbery

First, was your son convicted via plea agreement (accepted responsibility) or via determination of guilt after trial?

A Rule 32 (Petition for Post-Conviction Relief (PCR)) is appropriate pursuant to conviction via plea agreement.

Direct appeal (i.e. to Court of Appeals) is appropriate pursuant to trial conviction.

There are time limitations for initiating both actions; however, they may be challenged.

Where a plea agreement is vacated (prevail on Rule 32 action); all original charges are automatically reinstated and the case returns to status before the plea.

Where an appeal is successful, the deciding court determines remedy.

In both unsuccessful Rule 32 and appeal actions, plea agreement/conviction remains intact w/ no additional consequences to petitioner.

I would be happy to discuss the issues more in-depth with you by phone or in-person. Though I have provided you with the major points, there is too much to cover via e-mail. I offer a free, no-obligation ½ hour consultation (telephonic or in-office) if you would like to discuss the matter in more detail. In addition, I would be happy to arrange a mutually suitable payment plan.

Call me directly to discuss the specifics of your case, or contact my legal assistant, Brenda, (602) 255-0333, to schedule a free ½ hour in-office consultation. I wish you and your son the best and look forward to talking with you.

/s/ Otilia M. Díaz, 637 North 3rd Avenue, Suite 8, Phoenix, AZ 85003, (602) 908-2133, (602) 253-4506 Fax, e-mail: otilia.diaz@azbar.org

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5/30/03, 9:36 am
Mark Lazell Mark Lazell P.C.
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Re: Rule 32 Armed Robbery

I have been sucessful in rule 32 petitions before.

Your son has 90 days from the date of sentencing to file

a PCR. If no extension is granted and the PCR is not filed

within 90 days, your son will be procedurally defaulted.

Regarding an appeal you probably mean a PCR. An appeal

concerns review after a trial. I would guess that

your son entered into a plea bargain. If a person files

a PCR or an appeal and loses the sentence does not get worse.

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5/29/03, 6:48 pm

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