Wash. Rev. Code » Title 9 · Chapter 9.95
Revised Code of Washington

Wash. Rev. Code § 9.95.062 (2026)

✓ current as of May 2026
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(1) Notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal action shall not stay the execution of the judgment of conviction, if the court determines by a preponderance of the evidence that:
(a) The defendant is likely to flee or to pose a danger to the safety of any other person or the community if the judgment is stayed; or
(b) The delay resulting from the stay will unduly diminish the deterrent effect of the punishment; or
(c) A stay of the judgment will cause unreasonable trauma to the victims of the crime or their families; or
(d) The defendant has not undertaken to the extent of the defendant's financial ability to pay the financial obligations under the judgment or has not posted an adequate performance bond to assure payment.
(2) An appeal by a defendant convicted of one of the following offenses shall not stay execution of the judgment of conviction: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); human trafficking in the first or second degree (RCW 9A.40.100); promoting commercial sexual abuse of a minor (RCW 9.68A.101); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.
(3) In case the defendant has been convicted of a felony, and has been unable to obtain release pending the appeal by posting an appeal bond, cash, adequate security, release on personal recognizance, or any other conditions imposed by the court, the time the defendant has been imprisoned pending the appeal shall be deducted from the term for which the defendant was sentenced, if the judgment is affirmed.
[ 2011 c 111 s 3; 1996 c 275 s 9; 1989 c 276 s 1; 1969 ex.s. c 4 s 1; 1969 c 103 s 1; 1955 c 42 s 2. Prior: 1893 c 61 s 30; RRS s 1745. Formerly RCW 10.73.030, part.]

Notes:

Finding—1996 c 275: See note following RCW 9.94A.505.
Severability—1989 c 276: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 276 s 6.]
Notes of Decisions
Cited in 30 cases (1 in the last 5 years), 1966–2021 · leading case: State v. Anderson, 937 P.2d 581 (Wash. 1997).
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State v. Anderson, 937 P.2d 581 (Wash. 1997). · cites it 9× “An entirely different statute, RCW 9.95.062, addresses a defendant’s right to jail time credit for time spent in prison pending an appeal of the conviction.”
State v. Johnson, 711 P.2d 1017 (Wash. 1986). · cites it 8× “Williams then filed a motion to modify the Commissioner's ruling; the Court of Appeals granted Williams' motion and certified the case to this court. We accepted review and consolidated the case with that of Rocky Lee Johnson since both cases posed a similar issue.”
State v. Swiger, 149 P.3d 372 (Wash. 2006). · cites it 6× “Under RCW 9.95.062, 3 a trial court may, in its discretion, stay the execution of a defendant’s sentence and release the defendant pending appeal.”
State v. Slattum, 295 P.3d 788 (Wash. Ct. App. 2013). · cites it 4× “2d 581 (1997), our Supreme Court “rejected an argument that ‘imprisonment’ as that term was used in RCW 9.95.062(3) was interchangeable with ‘confinement’ as defined in RCW 9.”
State v. Swiger, 149 P.3d 372 (Wash. 2006). · cites it 6× “Under RCW 9.95.062, [3] a trial court may, in its discretion, stay the execution of a defendant's sentence and release the defendant pending appeal.”
State v. Blilie, 939 P.2d 691 (Wash. 1997). “2(f) provides: "After a person has been found or pleaded guilty, and subject to RCW 9.95.062, 9.95.064, 10.64.025, and 10.”
State v. Louie, 413 P.2d 7 (Wash. 1966). · cites it 2× “He was belatedly returned to the county jail, and is presently free on bail pending disposition of his appeal.”
Reanier v. Smith, 517 P.2d 949 (Wash. 1974). · cites it 2× “Furthermore, our statutes, RCW 9.95.062 8 and RCW 9.95.063, 9 provide for detention credit pending the appeal of' a conviction as well as credit for time served prior to a resentencing where a new trial has been granted.”
State v. Perry, 516 P.2d 1104 (Wash. Ct. App. 1973). · cites it 3× “*169 RCW 9.95.062 provides in part: An appeal by a defendant in a criminal action shall stay the execution of the judgment of conviction.”
In Re the Pers. Restraint of Knapp, 687 P.2d 1145 (Wash. 1984). “We stated: Furthermore, our statutes, RCW 9.95.062 and RCW 9.95.063, provide for detention credit pending the appeal of a conviction as well as credit for time served prior to a *470 resentencing where a new trial has been granted.”
State v. Fisher, 35 P.3d 366 (Wash. 2001). “After a person has been found or pleaded guilty, and subject to RCW 9.95.062, 9.95.064, 10.64.025, and 10.”
State v. Mahoney, 675 P.2d 628 (Wash. Ct. App. 1984). · cites it 3× “We cannot agree with this interpretation in light of RCW 9.95.062 which provides that "[a]n appeal by a defendant in a criminal action shall stay the execution of the judgment of conviction.”
Show all 30 citing cases →
— Wash. Rev. Code § 9.95.062(1)(a) — 1 case
State v. Swiger, 149 P.3d 372 (Wash. 2006). “Under RCW 9.95.062, [3] a trial court may, in its discretion, stay the execution of a defendant's sentence and release the defendant pending appeal.”
— Wash. Rev. Code § 9.95.062(2) — 2 cases
State v. Swiger, 122 P.3d 755 (Wash. Ct. App. 2005).
Pers. Restraint Petition Of Abdullahi Noor (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9.95.062(3) — 4 cases
State v. Slattum, 295 P.3d 788 (Wash. Ct. App. 2013). “2d 581 (1997), our Supreme Court “rejected an argument that ‘imprisonment’ as that term was used in RCW 9.95.062(3) was interchangeable with ‘confinement’ as defined in RCW 9.”
State v. Anderson, 937 P.2d 581 (Wash. 1997). “An entirely different statute, RCW 9.95.062, addresses a defendant’s right to jail time credit for time spent in prison pending an appeal of the conviction.”
State v. Anderson, 937 P.2d 581 (Wash. 1997).
State Of Washington v. Christopher Daniel Barnhill (Wash. Ct. App. 2013).
— Wash. Rev. Code § 9.95.062(l)(a) — 1 case
State v. Swiger, 149 P.3d 372 (Wash. 2006). “Under RCW 9.95.062, 3 a trial court may, in its discretion, stay the execution of a defendant’s sentence and release the defendant pending appeal.”
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