Indiana Code 35-33-9-5. Stay of judgment; commencement of sentence upon surrender; prior time credit
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Sec. 5. (a) Whenever any defendant is admitted to bail under the provisions of this chapter, the judgment of conviction shall be stayed until the appeal is disposed of. If the appeal is dismissed or the judgment affirmed, the term of imprisonment prescribed in the judgment shall commence to run from the time the defendant surrenders according to the terms of the bond.
(c) If a defendant is admitted to bail under this chapter after the defendant has commenced to serve the sentence, and the appeal is dismissed or the judgment from which the appeal was taken is affirmed, the defendant shall receive accrued time and good time credit, if applicable, on the sentence for the time the defendant served before being admitted to bail. During the time any defendant is released from custody under this chapter, the judgment of conviction shall be stayed.
(b) If the defendant is surrendered by sureties under section 4 of this chapter, the judgment shall commence to run from the time of the surrender, and the defendant shall be immediately confined in the institution to which the defendant was committed by the original sentence.
Terms Used In Indiana Code 35-33-9-5
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.74-2015, SEC.19.