At common law there was no "right" to an appeal. Such a "right" could only be established by legislative enactment. The statutes creating a right to an appeal brought with them the problems of determining the constitutional protections that must be afforded this right. Much controversy has centered around one such problem, that of the constitutionality of imposing a more stringent sentence on a defendant after he has successfully appealed and attained a new trial.
Due Process and the Harsher Penalty After Appeal-An Unwarranted Extension of Pearce,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol5/iss2/14