State v. Superior Court of Maricopa County

I dissent from that part of the majority opinion that holds that a plea of guilty and the voluntary payment of a fine is not a waiver of the right to appeal. The constitution provides for the right to appeal. But the procedures governing the taking of an appeal must be adhered to or the right is lost. State v. Heron, 92 Ariz. 114, 374 P.2d 871.

The majority opinion goes against the great weight of authority on the question whether the right may be lost by waiver. As was said in State v. Pefley, 80 Idaho 525, 528-529, 335 P.2d 340, 341:

*356“While there are cases to the contrary, according to the…