appeal was affrimed but the remitted what does this mean iam clueless help

[christinanichol]

my daughters dad had his first appeal with the eastern superior court they affrimed it which someone told me they agreed with the lower courts ruling of his sentence so then it says it was remitted does that mean it goes back to the courts or what happens just he will keep filing appeals he has a sentence of 30 to 60 years and had been in jail only 4 years please help me understand the appeal process thank you anyone out there that know god bless

[LRamos4552]

Originally Posted by christinanichol

my daughters dad had his first appeal with the eastern superior court they affrimed it which someone told me they agreed with the lower courts ruling of his sentence so then it says it was remitted does that mean it goes back to the courts or what happens just he will keep filing appeals he has a sentence of 30 to 60 years and had been in jail only 4 years please help me understand the appeal process thank you anyone out there that know god bless

You are correct: "affirmed" means the appellate court agreed with the previous lower court and "remitted" means that the matter is sent back for something. If they affirmed his conviction but remitted the case back, it is possibe that -- while his conviction is affirmed -- it may be sent back for resentencing. However, not seeing the decision, I can't say for sure, bu the decision should state the reasons for the court's remittance.

[iloveray]

christinanichol, how long did it take to get the ruling? We are waiting on an appeal decision too.
Thanks

[PhilB]

The appeals court has determined that his appeal was successful IN PART and has sent the case back to the sentencing court for re-sentencing.