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Rule 27A. Stays pendingappeal from a court not of record - Appeals for a trial de novo.

 

(a) Except as outlinedin subsection (d) below, the procedures in this rule shall govern stays ofterms of sentences when a defendant files an appeal in a court not of recordfor a trial de novo pursuant to Utah Code ? 78A-7-118(1).

 

(b) Upon the timelyfiling 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 is resolved;and

 

(b)(2) order stayed any period of incarceration, unless:

 

(b)(2)(A) at the time of sentencing, the judge found by apreponderance of the evidence that the defendant posed a danger to anotherperson or the community; or

 

(b)(2)(B) the appeal does not appear to have a legal basis.

 

(c) If a stay isordered, the judge may leave in effect any other terms of probation the judgedeems 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 alcoholuse, 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 ofthis rule do not apply to appeals for trial de novo from convictions forviolations of Title 41, Chapter 6a, Part 5, DUI and Reckless Driving, or anylocal ordinance as described in Utah Code ? 41-6a-501(2)(a)(iii). The procedureoutlined in Rule 27B shall be used in those cases.

 

(e) A party dissatisfiedwith the findings made by the justice court judge in staying a sentence underthis rule shall utilize the procedure outlined in rule 27B(g)to obtain relief in the district court.

 

(f) A court may at anytime for good cause shown amend its order granting release to impose additionalor different conditions of release. However, the justice court may only actunder this subsection (f) if the district court has not docketed or held anyhearings pursuant to this rule.

 

(g) For purposes of thisrule, ?term of sentence? or ?sentence? shall include findings of contemptpursuant to Utah Code ? 78B-6-301 et seq.

 

Effective May 1, 2012