State v. Tapp

OPINION

OGG, Presiding Judge.

The question presented in this case is whether Rule 32, Rules of Criminal Procedure, 17 A.R.S., may be interpreted to provide relief to a criminal defendant in the form of a delayed appeal, where there is no showing that the defendant’s failure to prosecute an appeal from his original conviction and sentence was without fault on his part. We hold that Rule 32 does not authorize the grant of such relief and reverse the trial court order granting respondent Tapp a delayed appeal.

William Logan Tapp was charged by indictment with two counts of sexual conduct with a…