Questão jurídica principal
Whether the appellate court violated the prohibition of reformatio in peius by revisiting an unappealed acquittal
Decisão extraída
The appeal court was not arbitrary in reviewing the acquittal because the three charges were factually and temporally closely connected; however, the defendant had to be warned before any worsening of his position.
Fundamentação extraída
The prohibition stems from cantonal procedure and is reviewed for arbitrariness. In this case, the connected transactions justified review of the acquittal, but the court failed to alert the defendant before converting the acquittal into a conviction.