Alabama § 12-22-173 Waiver of Stayed Sentence; Duty of Clerk; Effect on Appeal

Alabama Statutes

§ 12-22-173 — Waiver of Stayed Sentence; Duty of Clerk; Effect on Appeal

Alabama § 12-22-173

JurisdictionAlabama

Title 12Courts

Ch. 22Appellate Proceedings

Art. 2Criminal Cases

Div. 4Stays Pending Appeal

This text of Alabama § 12-22-173 (Waiver of Stayed Sentence; Duty of Clerk; Effect on Appeal) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 12-22-173 (2026).

Text

In all cases where there is judgment staying sentence, at any time before the record on appeal has been forwarded to the clerk of the appellate court, the defendant, in person or by his attorney, may waive the benefit of the stayed sentence by filing in the office of the clerk of the court in which the case was tried a statement in writing to that effect, signed by himself or his attorney of record. The clerk must then enter the fact and date of such waiver of stay of sentence upon the margin of the record of the judgment and shall report said convict to the board of corrections as in cases where there is no judgment or stay of sentence, but such waiver of the stay shall not affect the appeal.

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In all cases where there is judgment staying sentence, at any time before the record on appeal has been forwarded to the clerk of the appellate court, the defendant, in person or by his attorney, may waive the benefit of the stayed sentence by filing in the office of the clerk of the court in which the case was tried a statement in writing to that effect, signed by himself or his attorney of record. The clerk must then enter the fact and date of such waiver of stay of sentence upon the margin of the record of the judgment and shall report said convict to the board of corrections as in cases where there is no judgment or stay of sentence, but such waiver of the stay shall not affect the appeal.