I Want a New Trial! Now What? A District Court Judge’s Authority to Act Following Entry of Notice of Appeal for Trial De Novo (Part II)

Recall from yesterday's post that we are considering the following scenario: Jay Jones is charged with possession of drug paraphernalia and given an unsecured bond of $1,000. He is convicted following a bench trial in district court. Noting that Jones is a prior conviction level III and has previously violated probation, the judge imposes an active sentence of 120 days. Jones enters notice of appeal in open court because he wants a jury trial. What may the district court judge properly say at this point? (1) Bailiff, he’s in your custody to begin serving his active sentence unless and until a different result is reached in superior court. (2) Mr. Jones, it is your right to appeal. However, I am securing and doubling your bond pending your trial in superior court. Bailiff, he’s in your custody. (3) Mr. Jones, you are free to leave after the DA notifies you of your court date for superior court. The current bond remains in effect and this court has no power to do anything further in this matter. Yesterday's post addressed statement (1). Now, let's consider the others. Statements (2) and (3). The issue here is whether the district court judge retains jurisdiction to modify conditions of pretrial release after the defendant has entered notice of appeal. The statutes are not clear on this point. G.S. 15A-534(e)(1) states that a district court judge may modify a pretrial release order at any time prior to the noting of an appeal. This provision suggests that as [...]