Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 9. APPEALS IN FELONY CASES / CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof
California Codes

Cal. Penal Code § 1243 (2026)

Appeals, When Allowed and How Taken, and the Effect Thereof

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An appeal to the Supreme Court or to a court of appeal from a judgment of conviction stays the execution of the judgment in all cases where a sentence of death has been imposed, but does not stay the execution of the judgment or order granting probation in any other case unless the trial or appellate court shall so order. The granting or refusal of such an order shall rest in the discretion of the court, except that a court shall not stay any duty to register as a sex offender pursuant to Section 290. If the order is made, the clerk of the court shall issue a certificate stating that the order has been made.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1948–2024 · leading case: State v. Rivera, 2004-NMSC-001, 82 P.3d 939.
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State v. Rivera, 2004-NMSC-001, 82 P.3d 939. “” (emphasis added)); Cal-Penal Code § 1243 (West Supp.2003) (“An appeal .”
People v. Ribero, 480 P.2d 308 (Cal. 1971). · cites it 2× “[5] The following amendment, effective January 1, 1970, has been added to rule 31(d): "If the appeal from a judgment of conviction entered upon a plea of guilty or nolo contendere is based solely upon grounds alleged to have occurred after entry of such plea, the provisions of…”
In re Wright, 422 P.2d 998 (Cal. 1967). “1, 1203a) and when an appeal is taken (Pen. Code, §§ 1243, 1467). Suspension of execution of sentence is also authorized by statute, however, in the special statutory proceedings for those convicted of crime who may be mentally disordered sex offenders.”
People v. Shorts, 197 P.2d 330 (Cal. 1948). “*519 An application for a stay of execution may be made when an appeal is pending (Pen. Code, §§ 1243, 3700; Buies on Appeal, rule 32[a]) and the petition on behalf of Shorts requested delay for the purpose of giving his attorneys “an opportunity to obtain the reporter’s…”
In re Kennick, 128 Cal. App. 3d 959 (Cal. Ct. App. 1982). · cites it 2× “(Pen. Code, § 1243.) A trial or appellate court may stay the execution of a judgment pending appeal, (Pen.”
In re Brumback, 299 P.2d 217 (Cal. 1956). “He appealed and promptly obtained from the trial judge a certificate of probable cause and a stay of execution pending appeal, it being ordered that he be confined in the county jail during that period (Pen. Code, §§1243, 1244). Application for bail on appeal was made; it was…”
People v. Fields, 119 Cal. App. 3d 386 (Cal. Ct. App. 1981). “case unless the trial or appellate court shall so order” (Pen. Code, § 1243), and of course there was no such order here.”
People v. Superior Court, 21 Cal. App. 3d 911 (Cal. Ct. App. 1971). “No matter what the order may be denominated, it is in effect a grant of summary probation upon condition that the real party in interest undergo hospitalization for his narcotics addiction at a facility other than that provided by the Director of Corrections and an appointment…”
Fayed v. Davis, No. 4:21-cv-08206 (N.D. Cal. Jan. 3, 2024). · cites it 3× “The 1 restitution be due immediately upon Plaintiff’s incarceration at San Quentin State Prison despite 2 Plaintiff appealing his conviction and Cal. Penal Code § 1243 holding that a prisoner’s sentence is 3 held in suspension and abeyance pending disposition of direct appeal by…”
People v. Schultz, 254 Cal. App. 2d 876 (Cal. Ct. App. 1967). “2d 1 ] ; Pen. Code, § 1243). Moreover, the argument defeats itself.”
People v. Smith, 167 Cal. App. 3d 1225 (Cal. Ct. App. 1985). “(Pen. Code, § 1243.) A court may stay *1229 the execution of judgment pending appeal (ibid.”
People v. Williams, 327 P.2d 921 (Cal. Ct. App. 1958). “A request for stay of execution pending appeal was denied by the trial judge and this is an application to this court to order such a stay (Pen. Code, §1243). On July 3, 1958, we issued an order staying execution of the judgment herein until the further order of this court, and…”
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