§641-14 - Stay in criminal cases. - Hawaii Statutes

     §641-14  Stay in criminal cases.  (a)  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.  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.  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)  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, §7; RL 1925, §2528; am L 1925, c 211, §3; RL 1935, §3555; RL 1945, §9556; RL 1955, §212-6; HRS §641-16; am L 1972, c 89, pt of §5; ren HRS §641-14; am L 1978, c 225, §1; gen ch 1985]

 

General Note

 

  References to rules and other statutes, see appended chapter note, pts. I A8, I D8.