Arizona

Criminal Procedure

Rule 31.7 – Stay of Proceedings

(a) During a Defendant’s Appeal.

(1)Sentence of Imprisonment; Credit. If a defendant is released from custody pending appeal under Rule 7.2(c), a sentence of imprisonment is stayed pending appeal. A defendant who remains in custody during an appeal’s pendency must receive credit for the time of incarceration pending the appeal’s disposition.
(2)Sentence of a Fine. A sentence to pay a fine is stayed pending appeal.
(b) During an Appeal by the State. An appeal by the State does not stay an order in favor of the defendant, except when the State appeals from:

(1) an order granting a new trial; or
(2) an order granting a motion to suppress that directs the return of seized evidence.

Ariz. R. Crim. P. 31.7

Added by August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 31.7, relating to docketing in the appellate court, and designation of the parties, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 31.6.