23A-33-1      Stay of execution by trial court on notice of intent to appeal.
23A-33-2      (Rule 38(a)(2)) Stay of imprisonment on appeal--Transfer of prisoner to facilitate preparation of appeal.
23A-33-3      Stay of further proceedings on appeal from order before judgment.
23A-33-4      (Rule 38(a)(3)) Stay of fine pending appeal--Security required of defendant.
23A-33-5      (Rule 38(a)(4)) Stay of order for probation.
23A-33-6      Bail pending appeal.
23A-33-7 to 23A-33-9.      (Rules 38(b), 38(c), 39)) Reserved.

23A-33-1. Stay of execution by trial court on notice of intent to appeal.

After a judgment of conviction has been rendered but before execution of the sentence thereon, a trial court may in its discretion, if the defendant states that he desires to appeal, stay execution of the sentence for a period not to exceed thirty days.

Source: SL 1907, ch 120, § 3; SL 1915, ch 146, § 3; SL 1917, ch 200, § 1; RC 1919, § 5036; SDC 1939 & Supp 1960, § 34.4106; SDCL, § 23-51-11; SL 1978, ch 178, § 406.

23A-33-2. (Rule 38(a)(2)) Stay of imprisonment on appeal--Transfer of prisoner to facilitate preparation of appeal.

A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is admitted to bail. If the defendant is not admitted to bail, the trial court upon request of the defendant, may order that the defendant be retained at, or transferred to, a place of confinement near the place of trial or some other convenient place, for a period reasonably necessary to permit the defendant to assist in the preparation of his appeal to the Supreme Court.

Source: SL 1978, ch 178, § 407.

23A-33-3. Stay of further proceedings on appeal from order before judgment.

An appeal from an order made before final judgment shall stay further proceedings only by order of the trial court or by order of the Supreme Court. A trial court, however, shall have no power to stay further proceedings on an appeal provided for by § 23A-32-5 or 23A-32-12.

Source: SDC 1939 & Supp 1960, § 34.4106; SDCL, § 23-51-12; SL 1978, ch 178, § 408.

23A-33-4. (Rule 38(a)(3)) Stay of fine pending appeal--Security required of defendant.

A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by a trial court or by the Supreme Court upon such terms as the court deems proper. A court may require a defendant pending appeal to deposit the whole or any part of his fine and costs with the clerk of the trial court, to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating his assets.

Source: SL 1978, ch 178, § 409.

23A-33-5. (Rule 38(a)(4)) Stay of order for probation.

An order placing a defendant on probation may be stayed if an appeal is taken. If not stayed, the court shall specify when the term of probation shall commence. If an order is stayed the court shall fix the terms of the stay.

Source: SL 1978, ch 178, § 410.

23A-33-6. Bail pending appeal.

Admission to bail shall be as provided in chapter 23A-43.

Source: SL 1978, ch 178, § 411.