Indiana Code

Ind. Code § 35-38-4-6 (2026)

Stay of execution of sentence

✓ current as of May 2026
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     Sec. 6. (a) An appeal to the supreme court or to the court of appeals from a judgment of conviction does not stay the execution of the sentence, unless:

(1) the punishment is to be death; or

(2) the judgment is for a fine and costs (including fees) only, in which case the execution of the sentence may be stayed by an order of the court.

     (b) If the punishment is to be imprisonment and a fine and costs (including fees), the execution of the sentence as to the fine and costs (including fees) only may be stayed by the court.

     (c) In the case of an appeal from a judgment in a capital case, the order of suspension must specify the day until which the execution of the sentence is stayed.

As added by P.L.311-1983, SEC.3. Amended by P.L.106-2010, SEC.13.

 

Notes of Decisions
Cited in 5 cases, 2000–2017 · leading case: Clark v. State, 727 N.E.2d 18 (Ind. Ct. App. 2000).
Clark v. State, 727 N.E.2d 18 (Ind. Ct. App. 2000). · cites it 2× “See I.C. § 35-38-4-6. 4 . Some courts in other jurisdictions have suggested that a court may not revoke probation where a stay has been entered.”
Robinson v. State, 888 N.E.2d 1267 (Ind. Ct. App. 2008). · cites it 4× “Ind.Code § 35-38-4-6(b)(2)(B) (2006). 2 .”
Earl Beem v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017). · cites it 2× “1 Ind. Code § 35-38-4-6 .1(a). 2 I.C. § 35-48-4-13(b)(1) (2016).”
Phillip Killebrew v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015). · cites it 2× “[24] The offense of possession of a narcotic drug as a class C felony is governed by Ind. Code § 35-38-4-6 , which provides that a person “who, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or…”
Phil L. Honer v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015). · cites it 2× “Code § 35-48-4-6 (a) (2006); Ind. Code § 35-38-4-6 (b)(3)(B)(ii) (2006).”
— Ind. Code § 35-38-4-6(b)(2)(B) — 1 case
Robinson v. State, 888 N.E.2d 1267 (Ind. Ct. App. 2008). “Ind.Code § 35-38-4-6(b)(2)(B) (2006). 2 .”
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