ARS 13-1712(7) Interpretation

In State v. Lelevier, 116 Ariz. 37, 38, 567 P.2d 783, 784 (1977), it interpreted the scope of A.R.S. 13-1712(7), the statute subsequently renumbered as 13-4032(6). The court rejected a broad reading of the statute's reference to "an order granting a motion to suppress" evidence and concluded the provision did not authorize the state to appeal directly "any court ruling which sustains an objection to evidence before, during or after trial." Lelevier, 116 Ariz. at 38, 567 P.2d at 784. In describing the scope of the jurisdiction granted in 13-1712(7), the court held: "A motion to suppress challenges only the constitutionality of the obtaining of evidence by the state and it is made before trial begins." Id. See 1969 Ariz. Sess. Laws, ch. 133, 11 (amending former 13-1712 to allow appeal of suppression orders); 1977 Ariz. Sess. Laws, ch. 142, 162 (renumbering 13-1712 as 13-4032); 1991 Ariz. Sess. Laws, ch. 229, 6 (amending statute and renumbering subsection (7) as current subsection (6)).