Stay of judgment; commencement of sentence upon surrender;
prior time credit
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 himself according to the terms of the bond.
(b) If the defendant is surrendered by his sureties under section 4,
the judgment shall commence to run from the time of the surrender,
and the defendant shall be immediately confined in the institution to
which he was committed by the original sentence.
(c) If a defendant is admitted to bail under this chapter after he
has commenced to serve his sentence, and his appeal is dismissed or
the judgment from which the appeal was taken is affirmed, the
defendant shall have credit on his term of sentence for the time he
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.
As added by Acts 1981, P.L.298, SEC.2.
Last modified: May 24, 2006