§ 16-91-111 - Appeal after confinement.

16-91-111. Appeal after confinement.

(a) If a judgment of confinement in the Department of Correction has been executed before the certificate of appeal was delivered to the sheriff whose duty it was to execute the judgment, the defendant shall remain in the Department of Correction during the pendency of the appeal unless discharged by the expiration of his or her term of confinement or by pardon.

(b) Upon a reversal, if a new trial is ordered, the defendant shall be removed from the Department of Correction to the county jail from which he or she was brought by the sheriff of the county.