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Rule 4-348 – Stay of Execution of Sentence

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Sentence of Imprisonment. The filing of an appeal or a petition for writ of certiorari in any appellate court, including the Supreme Court of the United States, stays a sentence of imprisonment during any period that the defendant is released pursuant to Rule 4-349, unless a court orders otherwise pursuant to section (d) of that Rule. On the filing of a notice of appeal in a case that is tried de novo, the circuit court, on motion or by consent of the parties, may stay a sentence of imprisonment imposed by the District Court and release the defendant pending trial in the circuit court, subject to any appropriate terms and conditions of release.

Cross reference: See Rule 4-349.

(b) Fine. Upon the filing of an appeal or petition of writ of certiorari in any appellate court, a sentence to pay a fine or a fine and costs may be stayed by the court upon terms the court deems proper, but any bond required to stay the payment pending appeal may not exceed the unpaid amount of the fine and costs, if any.
(c) Other Sentences. Any other sentence or any order or condition of probation may be stayed upon terms the court deems proper.

Md. Crim. Causes. 4-348

This Rule is derived from former Rule 778 a and M.D.R. 778 a.

Adopted as Rule 4-347, April 6, 1984, eff. July 1, 1984. Renumbered as Rule 4-348, Nov. 22, 1989, eff. Jan. 1, 1990. Amended Nov. 22, 1989, eff. Jan. 1, 1990; Nov. 21, 1995, eff. Dec. 1, 1995; May 9, 2000, eff. July 1, 2000; March 9, 2010, eff. July 1, 2010; Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

2000 Orders

The May 9, 2000, order, in subsec. (a)(1), substituted “Correctional Services Article, § 3-902 ” for “Article 27, § 75(a) “.

2010 Orders

The March 9, 2010, order added the cross reference following subsec. (b) and, in subsec. (b), inserted “On the filing of a notice of appeal in a case that is tried de novo, the circuit court, on motion or by consent of the parties, may stay a sentence of imprisonment imposed by the District Court and release the defendant pending trial in the circuit court, subject to any appropriate terms and conditions of release.”

2015 Orders

The December 7, 2015, order, deleted section (a) and the Committee note following it, deleted a cross reference, and relettered the Rule.

Prior Rules:

Rule 4-349, adopted April 6, 1984, eff. July 1, 1984, related to release after conviction, renumbered as Rule 4-349, Nov. 22, 1989, eff. Jan. 1, 1990.

Cross reference: See Rule 4-349.