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

Ariz. Rev. Stat. § 13-4038 (2026)

Power of supreme court on appeal by state

✓ current as of May 2026
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Upon an appeal by the state from any order the supreme court may affirm or reverse such order. Upon an appeal from a sentence on the ground that it is illegal the court shall either approve such sentence or if it decides that the sentence is illegal shall correct the sentence to correspond to the verdict. The sentence as approved or corrected shall be enforced by the court from which the appeal was taken.

Notes of Decisions
Cited in 5 cases, 1984–2020 · 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 4× “" See A.R.S. § 13-4038 (emphasis added). Indeed, the state has not brought to our attention any reported case in which an appellate court has utilized its power under A.”
Abelardo Chaparro v. David C Shinn, 459 P.3d 50 (Ariz. 2020). · cites it 2× “at 284 (quoting A.R.S. § 13-4038). Absent an appeal by the state, this Court does not have jurisdiction to correct sentencing errors alleged by the state.”
State v. Perkins, 699 P.2d 364 (Ariz. 1985). · cites it 2× “Accordingly, we find no cruel or unusual punishment. In closing, we note that both parties agree that appellant was not properly credited with time served before sentencing.”
State v. Stewart, 676 P.2d 1108 (Ariz. 1984). · cites it 2× “6, § 5(3), and A.R.S. § 13-4038. Appellant's basic argument on appeal deals with the fact that he was shackled during the trial, and gagged for a portion of the trial.”
State v. Stewart, 676 P.2d 1108 (Ariz. 1984). · cites it 2× “6, § 5(3), and A.R.S. § 13-4038. Appellant’s basic argument on appeal deals with the fact that he was shackled during the trial, and gagged for a portion of the trial.”
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