If upon hearing an appeal of a guilty verdict, the appellate court finds that the Prosecution failed to meet it as to one or more charges levied against a Defendant, but met the burden of proof as to a lesser included offense of such charges, the appellate court may issue an order to the lower court to issue a verdict of not guilty as to the charge levied, and a verdict of guilty as to the lesser included offense, and remand the matter for resentencing.

Section History

Added: [Stat. 26-29, Kramerian Revised Criminal Code Act of 2026**)](https://ols.krameria.xyz/Stat-26-29-Kramerian-Revised-Criminal-Code-Act-of-2026-402b2321706548ffb2acd375eddb8ecd), § 502.09

Other Notes