Stay of sentence; bail; no stay when State appeals
Applied in 4 court decisions — leading case 200 N.C. App. 506 - State v. Stover (2009)
Most recently applied in 264 N.C. App. 724 - State v. Salter (April 2019)
1977, c. 711, s. 1.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) When a defendant has given notice of appeal:
(1) Payment of costs is stayed.
(2) Payment of a fine is stayed.
(3) Confinement is stayed only when the defendant has been released pursuant to Article 26, Bail.
(4) Probation or special probation is stayed.
(b) The effect of dismissal of charges is not stayed by an appeal by the State, and the defendant is free from such charges unless they are subsequently reinstated as a result of the determination upon appeal.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.