(a)Reserved.(b)Imprisonment. – A sentence of imprisonment shall be stayed, pursuant to Chapter 62, Article 7, Section 1, of the West Virginia Code of 1931, as amended, upon request of the defendant if an appeal is taken from the conviction. If stayed, but the defendant is not released pending disposition of appeal, the court shall order that the defendant be retained at a place of confinement near the place of trial for a period reasonably necessary to permit the defendant to assist in the preparation of an appeal to the Supreme Court of Appeals. (c)Fine. – Upon the request of the defendant, a sentence to pay a fine or a fine and costs, if an appeal is taken, shall be stayed upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs to the clerk of the circuit court, or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating his or her assets (d)Probation. – An order placing the defendant on probation may be stayed if an appeal from the conviction or sentence is taken. If not stayed, the court shall specify when the term of probation shall commence. If the order is stayed, the court shall fix the terms of the stay.
W.Va. R. Crim. P. 38
Effective October 1, 1981; amended effective September 1, 1995.
