§ 470.35 Determination by court of appeals of appeals from orders of

intermediate appellate courts; scope of review.

1. Upon an appeal to the court of appeals from an order of an
intermediate appellate court affirming a judgment, sentence or order of
a criminal court, the court of appeals may consider and determine not
only questions of law which were raised or considered upon the appeal to
the intermediate appellate court, but also any question of law involving
alleged error or defect in the criminal court proceedings resulting in
the original criminal court judgment, sentence or order, regardless of
whether such question was raised, considered or determined upon the
appeal to the intermediate appellate court.

2. Upon an appeal to the court of appeals from an order of an
intermediate appellate court reversing or modifying a judgment, sentence
or order of a criminal court, the court of appeals may consider and
determine:

(a) Any question of law which was determined by the intermediate
appellate court and which, as so determined, constituted a basis for
such court's order of reversal or modification; and

(b) Any other question of law involving alleged or possible error or
defect in the criminal court proceedings resulting in the original
judgment, sentence or order which may have adversely affected the party
who was appellant in the intermediate appellate court and who is
respondent in the court of appeals. The court of appeals is not
precluded from considering and determining such a question by the
circumstance that it was not considered or determined by the
intermediate appellate court, or that it did not constitute a basis for
such court's reversal or modification, or that the party who may have
been adversely affected thereby is the respondent rather than the
appellant in the court of appeals; and the court of appeals, even though
rejecting the intermediate appellate court's reasons for its order of
reversal or modification, may affirm or modify such order upon the basis
of such other questions; and

(c) Any question concerning the legality of the corrective action
taken by the intermediate appellate court.

3. Upon such an appeal, the court must affirm, reverse or modify the
intermediate appellate court order.