22-374

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.