Ind. Code » Title 35
Indiana Code

Ind. Code § 35-33-9-5 (2026)

Stay of judgment; commencement of sentence upon surrender; prior time credit

✓ current as of May 2026
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     Sec. 5. (a) Whenever any defendant is admitted to bail under the provisions of this chapter, the judgment of conviction shall be stayed until the appeal is disposed of. If the appeal is dismissed or the judgment affirmed, the term of imprisonment prescribed in the judgment shall commence to run from the time the defendant surrenders according to the terms of the bond.

     (b) If the defendant is surrendered by sureties under section 4 of this chapter, the judgment shall commence to run from the time of the surrender, and the defendant shall be immediately confined in the institution to which the defendant was committed by the original sentence.

     (c) If a defendant is admitted to bail under this chapter after the defendant has commenced to serve the sentence, and the appeal is dismissed or the judgment from which the appeal was taken is affirmed, the defendant shall receive accrued time and good time credit, if applicable, on the sentence for the time the defendant served before being admitted to bail. During the time any defendant is released from custody under this chapter, the judgment of conviction shall be stayed.

As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.74-2015, SEC.19.

 

Notes of Decisions
Cited in 2 cases, 2000–2015 · leading case: Clark v. State, 727 N.E.2d 18 (Ind. Ct. App. 2000).
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Clark v. State, 727 N.E.2d 18 (Ind. Ct. App. 2000). · cites it 2× “See I.C. § 35-33-9-5(a) (“Whenever any defendant is admitted to bail under the provisions of this chapter, the judgment of conviction shall be stayed until the appeal is disposed of.”
Bruce Ryan v. State of Indiana, 42 N.E.3d 1019 (Ind. Ct. App. 2015). · cites it 10× “Thus, the trial court here had no discretion in denying Ryan’s motion for credit time—the court was required to simply apply the mandate' of Indiana Code Section 35-33-9-5(c . See Molden, 750 N.E.”
Ind. Code § 35-33-9-5(a): 1 case
Clark v. State, 727 N.E.2d 18 (Ind. Ct. App. 2000). “See I.C. § 35-33-9-5(a) (“Whenever any defendant is admitted to bail under the provisions of this chapter, the judgment of conviction shall be stayed until the appeal is disposed of.”
Ind. Code § 35-33-9-5(c): 1 case
Bruce Ryan v. State of Indiana, 42 N.E.3d 1019 (Ind. Ct. App. 2015). “Thus, the trial court here had no discretion in denying Ryan’s motion for credit time—the court was required to simply apply the mandate' of Indiana Code Section 35-33-9-5(c . See Molden, 750 N.E.”
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