Indiana Statutes

§ 35-38-4-6 — Stay of execution of sentence

Indiana·Art. 38 PROCEEDINGS FOLLOWING DISMISSAL,·Ch. 4 Appeals
(a)An appeal to the supreme court or to the court of appeals from a judgment of conviction does not stay the execution of the sentence, unless:
(1)the punishment is to be death; or
(2)the judgment is for a fine and costs (including fees) only, in which case the execution of the sentence may be stayed by an order of the court.
(b)If the punishment is to be imprisonment and a fine and costs (including fees), the execution of the sentence as to the fine and costs (including fees) only may be stayed by the court.
(c)In the case of an appeal from a judgment in a capital case, the order of suspension must specify the day until which the execution of the sentence is stayed.

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Related

Robinson v. State
888 N.E.2d 1267 (Indiana Court of Appeals, 2008)
2 case citations
Earl Beem v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2017)
Phil L. Honer v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2015)

Legislative History

As added by P.L.311-1983, SEC.3. Amended by P.L.106-2010, SEC.13.

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