State v. Montgomery

OPINION

GOULD, Judge.

¶ 1 Appellant Leroy Montgomery (“Montgomery”) seeks reconsideration of this court’s order dismissing his appeal as untimely. Montgomery relies on State v. Whitman, 232 Ariz. 60, 301 P.3d 226 (App.2013), in which a divided panel of this court held that the time for filing the notice of appeal in a criminal case runs from the filing of the minute entry containing the judgment and sentence. For the reasons discussed below, we respectfully disagree with the majority opinion in Whitman, and conclude that the relevant rules of criminal procedure clearly provide that the time for…