State v. Brown (1975)

In State v. Brown, 112 Ariz. 29, 32, 536 P.2d 1047, 1050 (1975) the court faced the question of whether defendants who had been sentenced after revocation of probation were entitled to appeal. Brown, 112 Ariz. at 30, 536 P.2d at 1048. The court described the relevant rules as being unclear due to a likely "'inadvertent comment holdover'" in the overhauled 1973 rules, which made the defendant "'face . . . a confusing situation'" regarding his appellate rights. Id. at 31, 536 P.2d at 1049. Ultimately, the court gave the defendant the benefit of this confusion, holding "'both remedies, appeal or post-conviction relief, should remain alternatively available to him'" until amendments to the rules could take effect and remove the inconsistency. Id.