This is a petition for review from an order of the Court of Apрeals, Division One, Department A, which dismissed an appeal by the State from a trial court’s order dismissing the charges agаinst the appellant pursuant to Rule 11.6(e), Rules of Criminal Proсedure (1973), 17 A.R.S. The Court of Appeals in dismissing the State’s appeal cited the previous Court of Appeals case,
State v. Lopez,
The order of the Court of Appeals' in the instant case of
State v. Fayle,
No. 3724-PR is affirmed, and the majority opin
*220
ion of the Court of Appeals in
State
v.
Lopez,
1 CA Maricopa County Superior Court as reported in
APPENDIX
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE
STATE OF ARIZONA, Appellee and Cross-Appellant, v.
EDWARD G. FAYLE,
Appellant and Cross-Appellee.
1 CA-CR 1819 DEPARTMENT A MARICOPA County Superior Court ' No. CR-72807
ORDER
ORDER
The motiоn by appellant/cross-appellee Edward G. Fayle to dismiss the cross-appeal by the State of Arizona and the state’s opposition thereto has been considered by Presiding Judge Donofrio and Judges Nelson and Ogg. This does not constitute a permanent assignment of this appeal tо these Judges, to this Department or to this Division of the Court of Aрpeals.
In reviewing the record in this matter, the Court notes thаt the state is attempting to appeal from the trial сourt’s order of February 19, 1976 dismissing the charges against appеllant/cross-appellee pursuant to Rule 11.6(e), Rules of Criminal Procedure, 17 A.R.S.
This order not being appealable pursuant to A.R.S. § 13-1712, this Court is without jurisdiction to entertain the appeal.
State v. Lopez,
IT IS ORDERED granting the motion of appellant/cross-appellee to dismiss the cross-appeal by the State оf Arizona and the cross-appeal is hereby dismissed.
Further rеview of the file indicates that the appellant Faylе’s January 30, 1976 notice of appeal is from the trial cоurt’s minute entry order of October 7, 1975 committing the appellant to the Arizona State Hospital. Although the standards applied by the trial court were civil in nature as required by
Jackson v. Indiana,
Pursuant to Rule 31.3, Rules of Criminal Procеdure, 17 A.R.S., a notice of appeal in a criminal action must be filed within 20 days after the entry of the order from which the appeal is taken. In this case, the January 30, 1976 notice of appeal is well beyond the 20 day limit prescribed by the rulе and it appears that this Court is without jurisdiction to entertain thе appeal. If appellant seeks a delayed appeal, he shall apply to the superior сourt pursuant to Rule 32.1(f), Rules of Criminal Procedure, 17 A.R.S.
State v. Mitchell,
IT IS FURTHER ORDERED that if counsel for the appellant, the Maricopa County Public Defender’s Office, or counsel for the state disagrees with this Court’s conclusion as to its jurisdiction to entertain the appeal by appellant Edward G. Fayle, they shall file a memorandum of points and authorities with this Court on or before October 4, 1976. In the event that memoranda are not filed prior thеreto, the appeal by Edward G. Fayle will be dismissed without prejudice, by order of this Court.
• IT IS FURTHER ORDERED that a copy of this order shall be mailed to the appellant Edward G. Fayle in addition to the usual mailing.
DATED this 20th day of September, 1976.
(s) Francis J. Donofrio
FRANCIS J. DONOFRIO PRESIDING JUDGE