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WY · rules

W.R.Cr.P. 38

Stay of Execution of Sentence

activein force · 2026-09-24 – presentact-effective-date

(a) Death. — A sentence of death shall be stayed pending automatic review

by the Wyoming Supreme Court.

(b) Imprisonment. — A sentence of imprisonment shall be stayed if an

appeal is taken from the conviction or sentence and the defendant is released

pending disposition of appeal. If not stayed, the court may require of the state

penal authorities that the defendant be retained at, or transferred to, a place

of confinement near the place of trial or the place where an appeal is to be

heard, for a period reasonably necessary to permit the defendant to assist in

the preparation of an appeal.

(c) Fine. — A sentence to pay a fine or a fine, costs and other assessments,

if an appeal is taken, may be stayed by the sentencing court or by an appellate

court upon such terms as the court deems proper. The court may require the

defendant pending appeal to deposit the whole or any part of the fine and costs

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 such defendant’s assets.

(d) Probation. — A sentence of probation may be stayed if an appeal from the

conviction or sentence is taken. If the sentence is stayed, the court shall fix the

terms of the stay.

(e) Restitution. — A sanction imposed as part of the sentence pursuant to

W.S. 1-40-119 (victims fund) or W.S. 7-9-101 et seq. (restitution) may, if an

appeal of the conviction or sentence is taken, be stayed by the sentencing court

or by the appellate court upon such terms as the court finds appropriate. The

court may issue such orders as may be reasonably necessary to ensure

compliance with the sanction upon disposition of the appeal, including the

entering of a restraining order or an injunction or requiring a deposit in whole

or in part of the monetary amount involved into the registry of the sentencing

court or execution of a performance bond.

(f) Civil or employment disability. — A civil or employment disability arising

under a statute by reason of the defendant’s conviction or sentence, may, if an

appeal is taken, be stayed by the sentencing court or by the appellate court

upon such terms as the court finds appropriate. The court may enter a

restraining order or an injunction, or take any other action that may be

reasonably necessary to protect the interest represented by the disability

pending disposition of the appeal.

Provenance

Source
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
2c755b35e819ed487e2a07ab6c0f9e8dd3a14b85ba1c62314512cef67767eac3
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W.R.Cr.P. 38 — Stay of Execution of Sentence · binding.law