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Rule 31.7. Stay of Proceedings

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VIII. Appeal and Other Post-Conviction Relief
Rule 31. Appeals
Section One. General Provisions
16A A.R.S. Rules Crim.Proc., Rule 31.7
Formerly cited as AZ ST RCRP Rule 31.6
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.

Credits

Added by Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 31.7, AZ ST RCRP Rule 31.7
State Court Rules are current with amendments received through March 1, 2024. The Code of Judicial Administration is current with amendments received through February 15, 2024.
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