STATE v. ZUNIGA

No. CR-89-0185-PR.

163 Ariz. 105 (1990)

786 P.2d 956

STATE of Arizona, Appellant, v. Gerardo ZUNIGA, Appellee.

Supreme Court of Arizona, En Banc.

January 9, 1990.


Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by H. Allen Gerhardt, Jr., Deputy County Atty., Phoenix, for appellant.

Dean W. Trebesch, Maricopa County Public Defender by John W. Rood, III, Deputy Public Defender, Phoenix, for appellee.


FELDMAN, Vice Chief Justice.

The state appealed the trial court's order granting defendant's motion to suppress the use of evidence. See A.R.S. § 13-4032(7). Because the state did not file its notice of appeal within twenty days of the trial court's ruling as required by Rule 31.3, Ariz.R.Crim.P, 17 A.R.S. (hereafter Rule ____), the court of appeals dismissed the appeal for lack of jurisdiction.

The state sought review, claiming the notice of appeal...

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