In Re Bakke

Opinion

GRODIN, J.

When a municipal court imposes a jail term as a condition of probation but, at defendant’s request, stays execution of the jail term pending appeal, does the court lose jurisdiction to order execution of the jail term if the appeal runs longer than the stipulated period of probation?

We will conclude that while the stay of execution of the jail term does not in itself stay any other provision of the probation order, the court does retain jurisdiction to enforce the jail term because the defendant, in seeking the stay, waives the right to object to execution of the jail term…