State v. Zuniga

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 was timely because it was filed within twenty days of the clerk’s mailing of a copy of the trial court’s ruling. We granted review to settle the…