Rule 8.312 Stay of execution and release on appeal
Criminal Appeals
Rule Text
(a) Application
Pending appeal, the defendant may apply to the reviewing court:
(1) For a stay of execution after a judgment of conviction or an order granting probation; or
(2) For bail, to reduce bail, or for release on other conditions.
(b) Showing
The application must include a showing that the defendant sought relief in the superior court and that the court unjustifiably denied the application.
(c) Service
The application must be served on the district attorney and on the Attorney General.
(d) Interim relief
Pending its ruling on the application, the reviewing court may grant the relief requested. The reviewing court must notify the superior court under rule 8.489 of any stay that it grants.
Rule 8.312 amended effective January 1, 2009; adopted as rule 30.2 effective January 1, 2004; previously amended and renumbered effective January 1, 2007.