In a summary conviction case, the prosecutor can appeal the sentence if the accused was acquitted, if it was found that the accused was not criminally responsible on the basis of a mental disorder, or if the accused was found unfit to stand trial.

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In a summary conviction case, the prosecutor cannot appeal an acquittal directly. Appeals in criminal cases typically focus on legal errors made during the trial, and an acquittal (a finding of not guilty) does not usually fall into this category. Additionally, findings of not criminally responsible on account of mental disorder or unfitness to stand trial are not sentences but rather verdicts regarding the accused's mental state, and they do not equate to a conviction or sentence that can be appealed in the traditional sense by a prosecutor.

In a Summary Conviction Case, the Prosecutor Can Appeal the Sentence