§ 22-374 Superior court trial or determination of appeal

AZ Rev Stat § 22-374 (2019) (N/A)

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22-374. Superior court trial or determination of appeal

A. An appeal shall be on the record of proceedings if such record includes a transcript of the proceedings. Trial de novo shall be granted in all appeals wherein a transcript of the proceedings has not been maintained. The record shall be as certified by the judge of the court of origin or as stipulated by the parties. The condition of the record shall be subject to review by the superior court which may grant trial de novo based upon the court's evaluation of the sufficiency and condition of the record.

B. After a trial de novo or a final determination the superior court may:

1. Adjudge guilt and impose sentence as it deems proper; or

2. Acquit and discharge the defendant and exonerate his bail.

C. After determination of an appeal where there is a recorded transcript, the superior court may:

1. Reverse the court of origin and remand the case to the court of origin and direct a new trial;

2. Reverse the court of origin and direct a verdict of acquittal, discharge the defendant and exonerate his bail.

3. Affirm the court of origin and remand the case to the court of origin for appropriate action.

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§ 22-375 Limitation of appeal from superior court in action appealed from inferior court