Rule 27A. Stays pending appealfrom a court not of record - Appeals for a trial de novo.
(a) Except as outlined in subsection (d) below, the procedures in thisrule shall govern stays of terms of sentences when a defendant files an appeal ina court not of record for a trial de novo pursuant to Utah Code ?78A-7-118(1).
(b) Upon the timely filing of a notice of appeal for a trial de novo,the court shall:
(b)(1) order stayed any fine or fee payments until the appeal isresolved; and
(b)(2) order stayed any period of incarceration, unless:
(b)(2)(A) at the time of sentencing, the judge found by a preponderanceof the evidence that the defendant posed a danger to another person or thecommunity; or
(b)(2)(B) the appeal does not appear to have a legal basis.
(c) If a stay is ordered, the judge may leave in effect any other termsof probation the judge deems necessary including:
(c)(1) continuation of any pre-trial restrictions or orders;
(c)(2) sentencing protective orders under Utah Code ?77-36-5.1;
(c)(3) orders that limit or monitor a defendant?s drug and alcohol use,including use of an ignition interlock device; and
(c)(4) requiring defendant?s bail to continue until defendant?sappearance in the district court. The judge shall only order bail to continueif the court finds by clear and convincing evidence that, without suchsecurity, the defendant will likely fail to appear at district court.
(d) The provisions of this rule do not apply to appeals for trial denovo from convictions for violations of Title 41, Chapter 6a, Part 5, DUI andReckless Driving, or any local ordinance as described in Utah Code?41-6a-501(2)(a)(iii). The procedure outlined in Rule 27B shall be used inthose cases.
(e) A party dissatisfied with the findings made by the justice courtjudge in staying a sentence under this rule shall utilize the procedureoutlined in rule 27B(g) to obtain relief in the district court.
(f) A court may at any time for good cause shown amend its ordergranting release to impose additional or different conditions of release.However, the justice court may only act under this subsection (f) if thedistrict court has not docketed or held any hearings pursuant to this rule.
(g) For purposes of this rule, ?term of sentence? or ?sentence? shallinclude findings of contempt pursuant to Utah Code ?78B-6-301 et seq.