Municipal Appeals
The Criminal Division of the Superior Court is also responsible for
hearing appeals from convictions entered in municipal court. If a
verbatim record or sound recording was made, the trial of the appeal
is heard de novo20 on the record, unless the rights of either party
would be prejudiced by the condition of the record, or if the rights of
the defendant were prejudiced in the Municipal Court. The record can
be supplemented if: the municipal court erred in excluding evidence
offered by the defendant; the record is partially unintelligible or
defective, or the state offered rebuttal evidence to discredit
supplementary evidence admitted at the trial de novo.
If the defendant is convicted after the trial de novo, the court imposes
sentence. If the defendant is acquitted, the defendant is ordered
discharged. The most common type of municipal appeal is from a
motor vehicle conviction such as driving while intoxicated.
