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 I)

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. Discussion: Statement (1). The issue is whether entry of notice of appeal stays execution of the judgment. Clearly, it does. Pursuant to G.S. 15A-1431(f1), an appeal from a district court conviction “stays the execution of all portions of the judgment,” including active punishment. What if Mr. Jones does not enter notice of appeal in open court, but instead sends written notice to the clerk four days after starting his sentence? There does not appear to be authority for the jail to continue to hold him. Execution of [...]