Appeal Conviction Reversal and Prohibition on Worsening Appellant's Position

Where the accused successfully appealed a conviction and sentence but the prosecution did not file a cross-appeal, the court held that the prohibition against worsening the situation of the appellant (*reformatio in peius*) under procedural law applies even if a second expert opinion obtained during the appeal proceedings suggests a change in the assessment of the accused's culpability and leads the prosecution to seek a higher sentence, because allowing the prosecution to belatedly seek a harsher penalty based on new evidence would undermine the procedural protection guaranteed to the accused by the absence of a cross-appeal.