13-4037. Power of supreme court to correct and
reduce sentence upon appeal by defendant
A. Upon an appeal by the defendant either from a judgment of conviction or from
sentence, if an illegal sentence has been imposed upon a lawful verdict or finding of
guilty by the trial court, the supreme court shall correct the sentence to correspond to
the verdict or finding. The sentence as corrected shall be enforced by the court from
which the appeal was taken.
B. Upon an appeal from the judgment or from the sentence on the ground that it is
excessive, the court shall have the power to reduce the extent or duration of the
punishment imposed, if, in its opinion, the conviction is proper, but the punishment
imposed is greater than under the circumstances of the case ought to be inflicted. In
such a case, the supreme court shall impose any legal sentence, not more severe than that
originally imposed, which in its opinion is proper. Such sentence shall be enforced by
the court from which the appeal was taken.
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