Cal. Rules of Court, rule 8.854 · Article 1. Taking Appeals in Misdemeanor Cases
Stay of execution and release on appeal
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Application
Pending appeal, the defendant may apply to the appellate division:
(1) For a stay of execution after a judgment of conviction or an order granting probation; or
(2) For bail for release from custody, to reduce bail for release from custody, or for release on other conditions.
(b) Showing
The application must include a showing that the defendant sought relief in the trial court and that the court unjustifiably denied the application.
(c) Service
The application must be served on the prosecuting attorney.
(d) Interim relief
Pending its ruling on the application, the appellate division may grant the relief requested. The appellate division must notify the trial court of any stay that it grants.
Notes and commentary — not rule text
History
Rule 8.854 adopted effective January 1, 2009.
Advisory Committee Comment
Subdivision (c). As defined in rule 8.804, the "prosecuting attorney" may be the city attorney, county counsel, district attorney, or state Attorney General, depending on what government agency filed the criminal charges.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/eight/rule8_854
- Text hash
- sha256 80318b60fdf2949c696ce5db6eaf0ca5de23f5158b94a284b7cffb8d4277c8b8
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
California Rules of Court
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.