Idaho Code
Idaho Code § 19-2803 (2026)
Record on appeal — Oral argument — Exhibits — Presentence report on appeal.
✓ current as of May 2026
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Record on appeal — Oral argument — Exhibits — Presentence report on appeal.
(a) The clerk’s record and the reporter’s transcript in an appeal of a criminal action to the supreme court shall contain such portions and documents of the proceedings of the district court, and be prepared, processed and transmitted to the supreme court as provided by rule of the supreme court. Argument of a criminal appeal shall be as prescribed by rule of the supreme court, but the defendant shall not have any right to appear at the time of oral argument unless otherwise ordered by the supreme court.
(b) In any case where a presentence report is relevant to any issue on appeal, and is transmitted to the supreme court or the court of appeals for such use, the clerk of the district court shall serve a copy of the report on the attorney general and on appellate counsel for the defendant.
(c) In any case where a documentary exhibit is transmitted to the supreme court or the court of appeals for use in appellate proceedings to which the state or any of its officers is a party in an official capacity, the clerk of the district court shall serve a copy of the exhibit on the attorney general and on appellate counsel for the defendant.
Notes of Decisions
Cited in 7
cases, 1961–1986 · leading case: State v. Wagenius, 581 P.2d 319 (Idaho 1978).
State v. Wagenius, 581 P.2d 319 (Idaho 1978). “At the time the appeals were taken, I.C. § 19-2803 (repealed 1977) set forth the district court orders from which a defendant in a criminal action may appeal to this Court as a matter of right.”
State v. Mason, 643 P.2d 78 (Idaho 1982). “) [2] This Court has previously provided guidance with respect to what constitutes a final judgment of conviction.”
State v. Erwin, 572 P.2d 170 (Idaho 1977). “Under the provisions of I.C. § 19-2803, upon an appeal from a final judgment, and a reporter's transcript of the evidence being furnished, and there being also the requisite specification of errors in appellant's brief, it becomes our obligation to consider and determine whether…”
State v. Langley, 719 P.2d 1155 (Idaho 1986). “Pursuing that bewilderment, I am surprised, and startled, to find that the Court entered an order precluding both parties from oral argument, supposedly under the provisions of I.C. § 19-2803, a 1977 enactment of which I concede having had no previous knowledge, and which…”
O'Neill v. State, 452 P.2d 989 (Idaho 1969). “I.C. § 19-2803 provides that “Appeal by defendant.”
State v. Anderson, 361 P.2d 787 (Idaho 1961). “* * *” I.C. § 19-2803 sets out the judgments and orders from which the defendant in a criminal proceeding may appeal to this Court: “An appeal may be taken by the defendant : “1.”
State v. Martin, 589 P.2d 116 (Idaho 1979). “2d 319 (1978), would indicate that a defendant has a right to test the legality of the sanction imposed by the court after a judgment of conviction, referring to I.C. § 19-2803 (repealed in 1977). While it is clear under Appellate Rules of Procedure 11(c)(6) the defendant has a…”
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