Guam § 130 - Stay of Sentence When Defendant Appeals.

§ 130. Stay of Sentence When Defendant Appeals.

(a) A sentence of imprisonment shall be stayed if an appeal

is taken and the defendant is released pursuant to § 40.85. If not

stayed the court may recommend to the Director of Corrections

that the defendant be retained at a place of confinement within the

Territory for the period reasonably necessary to permit the

defendant to assist in the preparation of any appeal.

(b) If an appeal is taken, a sentence to pay a fine may be

stayed by the court upon such terms as the court deems proper.

The court may require the defendant pending appeal to deposit the

whole or part of the fine in the registry of the court, or 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.

(c) An order placing the 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 the order is stayed

the court shall fix the terms of the stay.

COL11/30/2021

NOTE: Section 130.30 continues the substance of former Rule 38. Contrast

former §§ 1243 to 1245 (execution of judgment stayed but defendant held in

custody). See also Fed. R. Crim. P. 38 (substantively the same as § 130.30). See

generally 8A Moore, Federal Practices &&38.01-38.02 (1974).