RULE 9.1
BASIS FOR DECISION ON APPEAL
(a) Errors of Law. The superior court shall review the
decision of the court of limited jurisdiction to determine
whether that court has committed any errors of law.
(b) Factual Determinations. The superior court shall
accept those factual determinations supported by substantial
evidence in the record (1) which were expressly made by the
court of limited jurisdiction, or (2) that may reasonably be
inferred from the judgment of the court of limited
jurisdiction.
(c) {Reserved.}
(d) Final Judgment Not Designated in Notice. The
superior court will review a final judgment not designated
in the notice of appeal only if the notice designates an
order deciding a timely posttrial motion based on (1) CrRLJ
7.4 (arrest of judgment), (2) CrRLJ 7.5 (new trial), or (3)
CRLJ 59 (new trial, reconsideration, and amendment of
judgments).
(e) Disposition on Appeal Generally. The superior court
may reverse, affirm, or modify the decision of the court of
limited jurisdiction or remand the case back to that court
for further proceedings.
(f) Limitation on Modification of Sentence. The superior
court shall not modify the sentence imposed in a criminal
case unless the sentence is incorrect as a matter of law.
(g) Form of Decision. The decision of the superior court
shall be in writing and filed in the clerks office with the
other papers in the case. The reasons for the decision shall
be stated.
(h) Discretionary Review. The decision of the superior
court on appeal is subject to discretionary review pursuant
to RAP 2.3(d).
(Amended 11/7/95)
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