Chapter 7 – Adult Case Records Information

73040.8 Stay of Execution of Judgment

• In all cases where a sentence of death has been imposed (capital cases), an appeal to the Supreme Court or to the Court of Appeal from a judgment of conviction automatically stays the execution of the judgment under PCPenal Code section 1243. In these cases, if the person is already in CDCRCalifornia Department of Corrections and Rehabilitation custody, the incarcerated person stays in CDCRCalifornia Department of Corrections and Rehabilitation custody during the appeal, pursuant to PCPenal Code section 1217.

• In non-capital cases, an appeal to the Supreme Court or the Court of Appeal only stays execution of the judgment if the court orders a stay of execution of the judgment. In these cases, the court clerk must issue a certificate under PCPenal Code section 1245 stating that the court has issued an order staying execution of the judgment. When the sheriff’s office serves CDCRCalifornia Department of Corrections and Rehabilitation with a copy of this certificate, CDCRCalifornia Department of Corrections and Rehabilitation must release the incarcerated person to the sheriff, pursuant to PCPenal Code section 1245. In these non-capital cases, CDCRCalifornia Department of Corrections and Rehabilitation shall discharge the incarcerated person from departmental records upon presentation of the certificate.

• The Supreme Court or Court of Appeal may instead issue a Writ of Supersedeas. The Writ should be forwarded to Case Records Services for consultation with OLAOffice of Legal Affairs.