ยง641-14 - Stay in criminal cases.
ยง641-14ย Stay in criminal cases.ย (a)ย
The filing of a notice of appeal or the giving of oral notice in open court at
the time of sentence by the defendant or the defendant's counsel of intention
to take an appeal may operate as a stay of execution and may suspend the
operation of any sentence or order of probation, in the discretion of the trial
court.ย If the court determines that a stay of execution is proper, the court
shall state the conditions under which the stay of execution is granted.ย No
stay granted on the giving of oral notice shall be operative beyond the time
within which an appeal may be taken; provided that if an appeal is properly
filed, the stay shall continue in effect as if the stay was based on a filing
of the appeal.
The court may revoke the stay of execution or
amend the conditions thereof for a violation of the conditions of the stay of
execution.
(b)ย Admission to bail after the giving of oral
notice in open court of intention to take an appeal or upon an appeal shall be
as provided in the rules of court. [L 1892, c 95, ยง7; RL 1925, ยง2528; am L
1925, c 211, ยง3; RL 1935, ยง3555; RL 1945, ยง9556; RL 1955, ยง212-6; HRS ยง641-16;
am L 1972, c 89, pt of ยง5; ren HRS ยง641-14; am L 1978, c 225, ยง1; gen ch 1985]
General Note
ย References to rules and other statutes, see appended chapter
note, pts. I A8, I D8.