Bail on appeal shall be allowed on appeal from a judgment of conviction of a misdemeanor, or in felony cases where the punishment is a fine only, and when made and approved shall stay the execution of such judgment. Bail on appeal after April 17, 1969, shall not be allowed after conviction of any of the following offenses: 1. Murder in any degree; 2. Kidnapping for purpose of extortion; 3. Robbery with a dangerous weapon; 4. Rape in any degree;
5. Arson in the first degree; 6. Shooting with intent to kill; 7. Manslaughter in the first degree; 8. Forcible sodomy; 9. Any felony conviction for which the evidence shows that the defendant used or was in possession of a firearm or other dangerous or deadly weapon during the commission of the offense; 10. Trafficking in illegal drugs; 11. Manufacturing a controlled dangerous substance; 12. Abuse against an intimate partner as defined by Section 60.1 of this title; 13. Abuse of a child; 14. Sexual abuse of a child; or 15. Any other felony after former conviction of a felony. The granting or refusal of bail after judgment of conviction in all other felony cases shall rest in the discretion of the court; provided, however, if bail is allowed, the trial court shall state the reason for granting bail. Added by Laws 1969, c. 182, § 2, emerg. eff. April 17, 1969. Amended by Laws 1981, c. 258, § 1; Laws 1987, c. 136, § 7, eff. Nov. 1, 1987; Laws 1988, c. 109, § 28, eff. Nov. 1, 1988; Laws 2001, c. 234, § 1, eff. Nov. 1, 2001; Laws 2025, c. 250, § 1, eff. Nov. 1, 2025. NOTE: Laws 2001, c. 225, § 7 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.
Notes of Decisions
Cited in
15
cases, 1972–2012 · leading case:
Spitznas v. State, 648 P.2d 1271 (Okla. Crim. App. 1982).
Spitznas v. State, 648 P.2d 1271 (Okla. Crim. App. 1982).
· cites it 9× “Petitioner also made an oral motion for bail pending appeal which was denied on the basis of 22 O.S.1981, § 1077. Petitioner was then remanded to the custody of the Garfield County Sheriff and transported to a Department of Corrections facility.”
Lozoya v. State, 932 P.2d 22 (Okla. Crim. App. 1996).
“The title to the traffieHng law reads: An act relating to criminal procedure and to public health and safety; amending 22 O.S.1981, Section 1077, which relates to bail; amending [statutes dealing with forfeiture law]; creating the “TraffieHng in Illegal Drugs Act”; providing…”
Harvey v. Auto Plus of Woodward, 287 P.3d 410 (Okla. Civ. App. 2012).
“22 O.S. § 1077. The Oklahoma Hazardous Waste Management Act provides de novo review of actions of the Board of County Commissioners.”
State v. Foster, 561 P.2d 1359 (Okla. 1977).
“22 O.S.1971, § 1077, relates to when bail is allowable and 22 O.”
Zaritz v. State, 785 P.2d 1043 (Okla. Crim. App. 1990).
· cites it 5× “In addition to amending 22 O.S.1981, § 1077, this legislation also created the Trafficking in Illegal Drugs Act, codified in 63 O.”
Nauni v. Cannon, 628 P.2d 372 (Okla. Crim. App. 1981).
“Title 22 O.S.1971, § 1077, provides: Bail on appeal shall be allowed on appeal from a judgment of conviction of misdemean- or, or in felony cases where the punishment is a fine only, and when made and approved shall stay the execution of such judgment.”
Milligan v. Beekman, 809 P.2d 693 (Okla. Crim. App. 1991).
· cites it 2× “Judge Beekman denied Petitioner’s request to reinstate bail finding that a plea of guilty triggers the provisions of 22 O.S.Supp.1988, § 1077, just as a verdict of guilt triggers said provisions, see Zaritz v.”
In re Habeas Corpus of Brewer, 779 P.2d 137 (Okla. Crim. App. 1985).
· cites it 3× “1981, § 51 as a prior felon, and, second, can a district judge deny bail on appeal, pursuant to 22 O.S.1981, § 1077(10), without a finding by a jury that the accused was, in fact, previously convicted of a felony? We answer each question in the affirmative.”
In re Habeas Corpus of Champeau, 643 P.2d 326 (Okla. Crim. App. 1982).
· cites it 2× “The offenses for which petitioners were convicted are not listed among those contained in 22 O.S.Supp.1981, § 1077, for which bail pending appeal shall be denied.”
Roberts v. Morgan ex rel. Mun. Court of the City of Oklahoma City, 965 P.2d 382 (Okla. Crim. App. 1998).
· cites it 2× “• ¶ 5 The issue presented is whether a defendant who pleads guilty or nolo conten-dere to a misdemeanor, and then seeks to withdraw the plea, is entitled to an appeal bond under 22 O.S.1991, § 1077, during the time after an application to withdraw the plea is filed and until the…”
— Okla. Stat. tit. 22, § 1077(10) — 2 cases
Zaritz v. State, 785 P.2d 1043 (Okla. Crim. App. 1990).
“In addition to amending 22 O.S.1981, § 1077, this legislation also created the Trafficking in Illegal Drugs Act, codified in 63 O.”
In re Habeas Corpus of Brewer, 779 P.2d 137 (Okla. Crim. App. 1985).
“1981, § 51 as a prior felon, and, second, can a district judge deny bail on appeal, pursuant to 22 O.S.1981, § 1077(10), without a finding by a jury that the accused was, in fact, previously convicted of a felony? We answer each question in the affirmative.”
— Okla. Stat. tit. 22, § 1077(9) — 1 case
Zaritz v. State, 785 P.2d 1043 (Okla. Crim. App. 1990).
“In addition to amending 22 O.S.1981, § 1077, this legislation also created the Trafficking in Illegal Drugs Act, codified in 63 O.”
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