Chapter 4. Judgment Upon Appeal of California Penal Code >> Title 9. >> Part 2. >> Chapter 4.
After hearing the appeal, the Court must give judgment
without regard to technical errors or defects, or to exceptions,
which do not affect the substantial rights of the parties.
Upon an appeal taken by the defendant, the appellate court
may, without exception having been taken in the trial court, review
any question of law involved in any ruling, order, instruction, or
thing whatsoever said or done at the trial or prior to or after
judgment, which thing was said or done after objection made in and
considered by the lower court, and which affected the substantial
rights of the defendant. The appellate court may also review any
instruction given, refused or modified, even though no objection was
made thereto in the lower court, if the substantial rights of the
defendant were affected thereby.
The court may reverse, affirm, or modify a judgment or order
appealed from, or reduce the degree of the offense or attempted
offense or the punishment imposed, and may set aside, affirm, or
modify any or all of the proceedings subsequent to, or dependent
upon, such judgment or order, and may, if proper, order a new trial
and may, if proper, remand the cause to the trial court for such
further proceedings as may be just under the circumstances.
When a new trial is ordered it must be directed to be had in
the Court of the county from which the appeal was taken.
If a judgment against the defendant is reversed, such
reversal shall be deemed an order for a new trial, unless the
appellate court shall otherwise direct. If the appellate court
directs a final disposition of the action in the defendant's favor,
the court must, if he is in custody, direct him to be discharged
therefrom; or if on bail that his bail may be exonerated; or if money
or other property was deposited instead of bail, that it be refunded
to the defendant or to the person or persons found by the court to
have deposited said money or other property on behalf of said
defendant. If a judgment against the defendant is reversed and the
case is dismissed, or if the appellate court directs a final
disposition of the action in defendant's favor, and defendant has
theretofore paid a fine in the case, such act shall also be deemed an
order of the court that the fine, including any penalty assessment
thereon, be returned to defendant.
If a judgment against the defendant is affirmed, the original
judgment must be enforced.
(a) After the certificate of the judgment has been remitted
to the court below, the appellate court has no further jurisdiction
of the appeal or of the proceedings thereon, and all orders necessary
to carry the judgment into effect shall be made by the court to
which the certificate is remitted. However, if a judgment has been
affirmed on appeal no motion shall be made or proceeding in the
nature of a petition for a writ of error coram nobis shall be brought
to procure the vacation of that judgment, except in the court which
affirmed the judgment on appeal. When a judgment is affirmed by a
court of appeal and a hearing is not granted by the Supreme Court,
the application for the writ shall be made to the court of appeal.
(b) Where it is necessary to obtain personal jurisdiction of the
defendant in order to carry the judgment into effect, upon a
satisfactory showing that other means such as contact by mail, phone,
or notification by means of the defendant's counsel have failed to
secure the defendant's appearance, the court to which the certificate
has been remitted may issue a bench warrant.