Section 470.25. Determination of appeals by intermediate appellate courts; form and content of order  


Latest version.
  • 1.   An order of an  intermediate  appellate  court  which  affirms  a
      judgment,  sentence  or  order  of a criminal court need only state such
      affirmance.
        2.  An order of an intermediate  appellate  court  which  reverses  or
      modifies  a judgment, sentence or order of a criminal court must contain
      the following:
        (a)  A statement of whether the determination was upon the law or upon
      the facts or as a matter of discretion in the interest  of  justice,  or
      upon any specified two or all three of such bases; and
        (b)  If the decision is rendered without opinion, a brief statement of
      the specific grounds of the reversal or modification; and
        (c)    A  statement  of the corrective action taken or directed by the
      court; and
        (d)  If the determination is exclusively upon the law, a statement  of
      whether  or  not  the  facts  upon  which the criminal court's judgment,
      sentence or order is based have been considered and determined  to  have
      been  established.    In the absence of such a statement, it is presumed
      that the intermediate appellate court  did  not  consider  or  make  any
      determination with respect to such facts.