Section 29.20 Decision of Court

• Library: Criminal Practice 2012 Supp

IX. (§29.20) Decision of Court

When the judgment of the appellate court is rendered, there are several possible forms of relief that might be granted if the appellant has been able to avoid the affirmance of the trial court’s decision. For example, the appellate court can:

· reverse the matter outright and order the defendant’s discharge;

· reverse the matter and remand it for a new trial;

· remand the matter for further action by the trial court; or

· modify or reduce the sentence and judgment that was imposed.

The appellate courts will generally refuse to remand the matter for
an evidentiary hearing on a subject that might be more properly disposed of by a post-conviction proceeding. State v. Nebbitts, 498 S.W.2d 762 (Mo. 1973); State v. McKinney, 475 S.W.2d 51 (Mo. 1971). The courts have been extremely reluctant to reduce or modify sentences on appeal. The passion and prejudice must so clearly appear from the record of the sentencing that the reviewing court can confidently say that the trial court unmistakably abused its discretion in imposing the sentence.
State v. Maxwell, 502 S.W.2d 382 (Mo. App. E.D. 1973); State v. Mucie, 448 S.W.2d 879 (Mo. 1970). The court will be more likely to modify or change the sentence when statutory modifications have reduced
the maximum penalties while the matter is on appeal. State v. Hawkins, 482 S.W.2d 477 (Mo. 1972). The court will also remand the sentencing procedure when the transcript fails to show if...