46.2403 Disposition of appeals.

Print This

(a) The appellate division may set aside the judgment of conviction and, if the defendant has appealed or requested a new trial, it may order a new trial or commute, reduce (but not increase), or suspend the execution of the sentence, in whole or in part.

(b) Findings of fact may not be set aside by the appellate division unless clearly erroneous.

History: 1962, PL 7-36; 1967, PL 10-17; 1969, PL 11-54.

Case Notes:

Appellate court is bound by the findings of fact of trial court unless clearly erroneous. RCAS 3.0503. lsumu v. Masalosalo, 4 ASR 868 (1962); Mageo v. Government. 4 ASR 874 (1963); Fuga v. Mageo, 4 ASR 899 (1964); Faatamala v. Haleck, 4 ASR 888 (1963).

Appellate court will use authority to reduce or modify sentence. RCAS 3.0503. Tigi v. Government, 4 ASR 902 (1964).

Power of Appellate Division to reduce or suspend execution of sentence is only present when timely appeal is filed. RCAS

3.0503. Fanene v. Government, 4 ASR 957 (1968).

Appellate court may commit, reduce (but not increase) or suspend execution of sentence. RCAS 3.050 3. Tigi v. Government,4 ASR 894 (1963).

Appellate court may affirm, modify, set aside or reverse any judgment or order appealed from or remand for new trial, but it may review facts as well as law only in appeal from district courts. RCAS 3.0503. Tigi v. Government. 4 ASR 894 (1963).