13-4033. Appeal by defendant

A. An appeal may be taken by the defendant only from:

1. A final judgment of conviction or verdict of guilty except insane.

2. An order denying a motion for a new trial. 

3. An order made after judgment affecting the substantial rights of the party.

4. A sentence on the grounds that it is illegal or excessive.

5. An order that denied the defendant's eligibility to petition the court to seal the defendant's case records pursuant to section 13-911 if the sole basis for the appeal is the defendant's eligibility to petition the court.

B. In noncapital cases a defendant may not appeal from a judgment or sentence that is entered pursuant to a plea agreement or an admission to a probation violation.

C. A defendant may not appeal under subsection A, paragraph 1 or 2 of this section if the defendant's absence prevents sentencing from occurring within ninety days after conviction and the defendant fails to prove by clear and convincing evidence at the time of sentencing that the absence was involuntary.