State v. Mahoney
In State v. Mahoney, 25 Ariz. App. 217, 542 P.2d 410 (1975), the Court declined jurisdiction because the city attorney waited almost three times the normal appeal time (fifty-seven days) to file a special action petition in a DUI case, even though the appellate court believed the lower court had committed legal error.
The Court stated:
Petitioner has presented no reason or excuse for the delay in filing its special action petition.
We believe that such showing should be a prerequisite in a criminal case when special action relief is sought after expiration of the normal period for appeal. To allow otherwise would be in derogation of the spirit of the new Rules of Criminal Procedure. We hold, therefore, that when a criminal prosecution is dismissed, the 20-day period for taking an appeal will likewise apply unless circumstances justifying the delay are shown. In the event the requisite showing is made, the doctrine of laches may be available as a bar. Id. at 219, 542 P.2d at 412.