Part 1 · Rules Relating to the Supreme Court and Courts of Appeal

Rule 8.312. Stay of execution and release on appeal

Amended January 1, 2009 (current)

(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.

Committee Notes

(Subd (a) amended effective January 1, 2007.)

(Subd (d) amended effective January 1, 2009; previously amended effective January 1, 2007.)