§ 1258 After hearing the appeal, the Court must give judgment without regard …
§ 1259 Upon an appeal taken by the defendant, the appellate court may, …
§ 1260 The court may reverse, affirm, or modify a judgment or order appealed …
§ 1261 When a new trial is ordered it must be directed to be had in the …
§ 1262 If a judgment against the defendant is reversed, such reversal shall …
§ 1263 If a judgment against the defendant is affirmed, the original …
§ 1265 (a) After the certificate of the judgment has been remitted to …

Terms Used In California Codes > Penal Code > Part 2 > Title 9 > Chapter 4 - Judgment Upon Appeal

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • property: includes both real and personal property. See California Penal Code 7
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See California Penal Code 7