State v. Brady

EUBANK, Judge.

On July 8, 1970, the defendant filed a “Motion For Leave to File Delayed Appeal” with our Supreme Court pursuant to its Rule 16(a), 17 A.R.S., alleging that neither the sentencing judge nor the court appointed counsel informed the defendant of his right to appeal from the judgment and sentence. The matter was transferred to this Court on January 8, 1971. After a response was filed by the Attorney General, our order was issued granting the defendant’s motion. The record fails to show such advice by the trial judge and defense counsel had no personal recollection of whether or not…