§ 4.3.2 Authority.
Jurisdiction | Arizona |
§ 4.3.2 Authority. The Arizona appellate courts have extremely broad authority in reviewing convictions and sentences, and in fashioning relief. See Rule 31.17(a). They may affirm, vacate, reverse, or modify the action of the superior court, and issue any “necessary and appropriate” orders, including remanding the action to the superior court for further proceedings or evidentiary hearings. See A.R.S. § 13-4036; State v. Zamora, 220 Ariz. 63, 71, ¶ 21, 202 P.3d 528, 536 (App. 2009).
The appellate court will modify a conviction if the evidence is insufficient to sustain it, but sufficient to sustain conviction of a lesser-included offense. See, e.g., State v. Kasic, 228 Ariz. 228, 234, ¶¶ 28-31, 265 P.3d 410, 416 (App. 2011). In such instances, the appellate court will modify the judgment and remand the case to the trial court for re-sentencing. See Rule 31.17(d); State v. Richmond, 23 Ariz. App. 342, 344, 533 P.2d 553, 555 (1975).
The appellate courts can correct an illegal sentence under A.R.S. § 13-4037(A). Appellate courts typically reduce an illegal sentence without remand when the record contains a discrepancy and the appellate court can ascertain the sentencing court’s true intent, see State v. Bowles, 173 Ariz. 214, 216, 841 P.2d 209, 211 (App. 1992)...
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