Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-4036 (2026)

Power of supreme court on appeal from judgment of conviction

✓ current as of May 2026
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The supreme court may reverse, affirm or modify the judgment appealed from, and may grant a new trial or render any judgment or make any order which is consistent with the justice and the rights of the state and the defendant. On an appeal from an order made after judgment, it may set aside, affirm or modify the order or any proceeding subsequent to or dependent upon such order.

Notes of Decisions
Cited in 30 cases (5 in the last 5 years), 1981–2026 · leading case: State v. Dawson, 792 P.2d 741 (Ariz. 1990).
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State v. Dawson, 792 P.2d 741 (Ariz. 1990). · cites it 8× “See A.R.S. § 13-4036. Had the trial court refused to correct such an error under circumstances in which it had the power to do so, its refusal to act would have been an abuse of discretion, correctable upon review to this court.”
State v. Mathers, 796 P.2d 866 (Ariz. 1990). · cites it 4× “Pursuant to A.R.S. § 13-4036, we set aside the convictions and sentences of defendant Mathers, and enter judgments of acquittal in accordance with his earlier motions.”
State v. Cheramie, 189 P.3d 374 (Ariz. 2008). · cites it 2× “We have jurisdiction pursuant to Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13-4036 (2001). II. DISCUSSION ¶ 6 In Arizona, methamphetamine is a “dangerous drug.”
State v. French, 801 P.2d 482 (Ariz. Ct. App. 1990). · cites it 4× “and, pursuant to A.R.S. § 13-4036, modify the order *250 of restitution by striking the award to the motel owner.”
State of Arizona v. Bobby Ray Carter Jr, 469 P.3d 449 (Ariz. 2020). · cites it 2× “Therefore, pursuant to A.R.S. § 13-4036, we vacate Carter’s convictions and sentences for count five, for the theft of the SUV, and count 6 In State v.”
State v. White, 770 P.2d 328 (Ariz. 1989). · cites it 2× “Although we affirm the judgments of conviction and sentences on the burglary and sexual assault charge, we deem it appropriate to set aside the assault conviction pursuant to A.R.S. § 13-4036. 5 . A.R.S. § 13-604(D) states in part: Except as provided in subsection G or N of this…”
State v. Curry, 931 P.2d 1133 (Ariz. Ct. App. 1996). · cites it 2× “See A.R.S. § 13-4036 (1989) (On appeal from judgment of conviction, the supreme court “may .”
State v. Powers, 742 P.2d 792 (Ariz. 1987). · cites it 2× “Therefore, pursuant to A.R.S. § 13-4036, we direct that the sentence be modified to reflect this correction.”
State v. Dean, 243 P.3d 1029 (Ariz. Ct. App. 2010). · cites it 2× “Accordingly, pursuant to A.R.S. § 13-4036 (2010), we modify the September 3, 2009 minute entry to reflect the modification of "Count 4, Attempted Molestation of a Child, a Dangerous Crime Against Children in the Second Degree, committed on or between July 26, 1996 and July 26,…”
State of Arizona v. Chris Thomas Gomez, 482 P.3d 397 (Ariz. 2021). · cites it 2× “We have jurisdiction under article 6, section 5 of the Arizona Constitution and A.R.S. § 13-4036. DISCUSSION ¶13 We review a trial court’s decision whether to admit DNA evidence for an abuse of discretion and in the light most favorable to 3 Because the court reversed the…”
State v. DiGiulio, 835 P.2d 488 (Ariz. Ct. App. 1992). · cites it 2× “Because the jury’s guilty verdict reflects a determination that all the elements stated in the instruction were proven beyond a reasonable doubt, the state asserts that the proper remedy is to remand for resentencing on the lesser charge.”
State v. Reed, 435 P.3d 1044 (Ariz. Ct. App. 2019). · cites it 2× “¶16 Reed's counsel suggests that the right to appeal is, in essence, the right to a specific process or result on appeal.”
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— Ariz. Rev. Stat. § 13-4036(A) — 1 case
State v. Reed, 435 P.3d 1044 (Ariz. Ct. App. 2019). “¶16 Reed's counsel suggests that the right to appeal is, in essence, the right to a specific process or result on appeal.”
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