Guam § 130 - Actions Permitted of Appellate Court.

§ 130. Actions Permitted of Appellate Court.

The appellate court may reverse, affirm or modify a judgment

or order appealed from, or reduce the degree of the 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.

COURT DECISIONS: D.C.GUAM:APP.DIV. 1983 While no specific

standards of review are set forth to guide the District Court Appellate

Division, reference to the common law provides specific guidance. People

v. Manibusan, D.C. Cr. #81-0053A.

NOTE: Section 130.60 is based upon former § 1260, Penal Code, but a

provision is added which authorizes a remand to the trial court for further

proceedings. It authorizes, also, the modification of sentences. While this

Section appeared in the former Penal Code, it was added by the Editor on

the assumption that its omission was a printer's error. The section is

substantively the same as Cal. Penal Code § 1260, as amended in 1970.