Appeals and Motions for a New Trial

The Appeals Process

Any person convicted of any offense by a municipal court may appeal the sentence to the Court of Common Pleas. (§14-25-95). The appellant must serve the notice of intention to appeal upon the municipal judge or the clerk of the municipal court within ten days of sentencing and state the grounds for his appeal. 

Motion for a New Trial

If a defendant makes a motion for a new trial within ten (10) days as provided in § 22-3-1000, and the motion is denied, the time for appeal is extended to thirty days. § 22-3-1000 provides: "[A] motion for a new trial may not be heard unless made within ten days from the rendering of the judgment. The right of appeal from the judgment exists for thirty days after the rendering of the judgment." A judge's "order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal, if any, relating to the conviction."