State v. Delgarito
In State v. Delgarito, 189 Ariz. 58, 59, 938 P.2d 107, 108 (App. 1997), the Court found that the final designation of an offense as a felony affects a pleading defendant's substantial rights due to its effects on a defendant's civil rights and the fact that it may be used to enhance future felony offenses. 189 Ariz. 60, 938 P.2d at 109.
The court further concluded the trial court's order was appealable because it could not have been raised in connection with the original judgment and sentence. Id. at 60-61, 938 P.2d at 109-10.
The Court held that a pleading defendant is entitled to appeal a post-judgment order designating his offense a felony because the issue is not one "that would normally arise in an appeal from the original judgment and sentence." Id. at 59, 60, 938 P.2d at 108, 109; see 13-4033(A)(3) (providing right to appeal orders "made after judgment affecting the substantial rights of the party").