ARS 13-4033: Appeal by defendant
The complete text of A.R.S. § 13-4033 on appeal by defendant, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
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What § 13-4033 Sets Out
A.R.S. § 13-4033 is the Arizona statute on appeal by defendant. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
A. An appeal may be taken by the defendant only from:
- A final judgment of conviction or verdict of guilty except insane.
- An order denying a motion for a new trial.
- An order made after judgment affecting the substantial rights of the party.
- A sentence on the grounds that it is illegal or excessive.
- An order that denied the defendant’s eligibility to petition the court to seal the defendant’s case records pursuant to section 13-911 if the sole basis for the appeal is the defendant’s eligibility to petition the court.
Full Text of A.R.S. § 13-4033
A. An appeal may be taken by the defendant only from:
1. A final judgment of conviction or verdict of guilty except insane.
2. An order denying a motion for a new trial.
3. An order made after judgment affecting the substantial rights of the party.
4. A sentence on the grounds that it is illegal or excessive.
5. An order that denied the defendant’s eligibility to petition the court to seal the defendant’s case records pursuant to section 13-911 if the sole basis for the appeal is the defendant’s eligibility to petition the court.
B. In noncapital cases a defendant may not appeal from a judgment or sentence that is entered pursuant to a plea agreement or an admission to a probation violation.
C. A defendant may not appeal under subsection A, paragraph 1 or 2 of this section if the defendant’s absence prevents sentencing from occurring within ninety days after conviction and the defendant fails to prove by clear and convincing evidence at the time of sentencing that the absence was involuntary.
Source: Arizona Revised Statutes § 13-4033, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 38 — Miscellaneous
- A.R.S. § 13-4006 — Unlawful foreign law enforcement activity
- A.R.S. § 13-3981 — Compromise of misdemeanors and petty offenses
- A.R.S. § 13-3924 — Unlawful procurement of search warrant without probable cause
- A.R.S. § 13-4145 — Disobedience of command of writ
- A.R.S. § 13-4147 — Avoidance of command of writ
- A.R.S. § 13-3903 — Notice to appear and complaint
- A.R.S. § 13-3885 — Arrest of principal by surety
- A.R.S. § 13-3864 — Payment of account of agent
How § 13-4033 Affects an Arizona Case
§ 13-4033 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
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Frequently Asked Questions
What is A.R.S. § 13-4033?
A.R.S. § 13-4033 is the Arizona statute on appeal by defendant. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-4033?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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