Today my client’s case returned on remitter to the trial court from the appeal court. This case was sent back to the trial court for re-sentencing because one of the counts was dismissed due to insufficient evidence presented at trial.
After a trial when a defendant is found guilty of any charges the defendant may request an appeal of his case. After sentencing the defendant has 60 days to file a notice of appeal. The notice of appeal is filed in the trial court, but the appeal is heard in the appeal court. For trials from Tulare County Superior Court or Kings County Superior Court the California’s 5th Court of Appeal reviews the cases. Once the notice of appeal is filed the appeals court will order transcripts of the trial. Next the appeals court will then appoint an attorney to file motions and argue any defects in the evidence or constitutional rights that may have been violated by the trial court. On appeal no new evidence is considered; only the evidence that was presented at the trial and the procedural rights guaranteed by statute and the Constitution are reviewed by the appeal court.
Common grounds for reversal are: insufficiency of the evidence, incorrect instructions to the jury on the law, ruling on motions that were in error, or any other violations of a defendant’s constitutional rights. A remitter is the appeal court’s order to the trial court either affirming the trial judge's rulings or ordering them to make different rulings or apply different laws or legal standards.