(a) Upon a mandate of reversal ordering a new trial being filed in the clerk's office of the circuit court in which the judgment of confinement in the Department of Correction was rendered and executed, the clerk shall deliver to the sheriff a copy of the mandate and precept, authorizing and commanding the sheriff to bring the defendant from the Department of Correction to the county jail, which shall be obeyed by the sheriff and Director of the Department of Correction.
(b) If the defendant is again convicted upon the new trial the period of his or her former confinement in the Department of Correction shall be deducted by the court from the period of confinement fixed in the last verdict of conviction.
Section: Previous 16-91-103 16-91-104 16-91-105 16-91-106 16-91-107 16-91-108 16-91-110 16-91-111 16-91-112 16-91-113 16-91-114 16-91-115 16-91-116 16-91-117 NextLast modified: November 15, 2016