§ 46-17-311 — Appeal From Justices', Municipal, And City Courts

46-17-311 . Appeal from justices', municipal, and city courts. (1) Except as provided in 46-17-203 (2)(b) or subsection (4) of this section and except for cases in which legal issues are preserved for appeal pursuant to 46-12-204 , all cases on appeal from a justice's or city court must be tried anew in the district court and may be tried before a jury of six selected in the same manner as for other criminal cases. An appeal from a municipal court to the district court is governed by 3-6-110 , an appeal from a justice's court of record is governed by 3-10-115 , and an appeal from a city court of record is governed by 3-11-110 .
(2) The defendant may appeal to the district court by filing written notice of intention to appeal within 10 days after a judgment is rendered following trial or the denial of the motion to withdraw a plea as provided in 46-17-203 (2)(b). In the case of an appeal by the prosecution, the notice must be filed within 10 days of the date that the order complained of is given. The prosecution may appeal only in the cases provided for in 46-20-103 .
(3) Within 30 days of timely filing the notice of appeal, the court shall transfer the entire record of the court of limited jurisdiction to the district court. The court of limited jurisdiction has no duty to transmit the record if the notice of appeal is not timely filed. The defendant may petition the district court to order the record transmitted upon a showing of good cause for failure to timely file the notice of appeal.
(4) A defendant may appeal a justice's court, other than a justice's court of record, or city court, other than a city court of record, revocation of a suspended sentence to the district court. The district court judge shall determine whether the suspended sentence will be revoked. A jury trial is not available in a sentence revocation procedure.
(5) If, on appeal to the district court, the defendant fails to appear for a scheduled court date or meet a court deadline, the court may, except for good cause shown, dismiss the appeal on the court's own initiative or on motion by the prosecution and the right to a jury trial is considered waived by the defendant. Upon dismissal, the appealed judgment is reinstated and becomes the operative judgment.

Legislative History

En. 95-2009 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 34, Ch. 184, L. 1977; amd. Sec. 55, Ch. 344, L. 1977; R.C.M. 1947, 95-2009; amd. Sec. 20, Ch. 116, L. 1979; amd. Sec. 1, Ch. 333, L. 1985; amd. Sec. 4, Ch. 277, L. 1989; amd. Sec. 217, Ch. 800, L. 1991; amd. Sec. 39, Ch. 262, L. 1993; amd. Sec. 3, Ch. 129, L. 1997; amd. Sec. 1, Ch. 149, L. 1997; amd. Sec. 3, Ch. 346, L. 1999; amd. Sec. 1, Ch. 13, L. 2003; amd. Sec. 2, Ch. 354, L. 2003; amd. Sec. 12, Ch. 389, L. 2003; amd. Sec. 12, Ch. 557, L. 2005; amd. Sec. 6, Ch. 38, L. 2011.