Rule 38. Stay of Execution of Sentence

(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. urt 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.