State v. Waymire

I respectfully dissent to the holding that “appeals of a guilty plea in justice court or city court may be tried anew in District Court

The majority has adopted the rationale of Burris v. Davis (1935), 46 Ariz. 127, 46 P.2d 1084 “from the standpoint of reason, justice and public policy.”

Article 2, Section 24 of the Constitution of Arizona, states “In criminal prosecutions, the accused shall have . . . the right to appeal in all cases”. (Emphasis added.) Section 5153, R.C. (Arizona) 1928, states: “The defendant in any criminal action may appeal to the superior court. . . “ (emphasis added). The…