Md. Code Ann., Crim. Proc. § 11-613
Stay of execution of sentence
Effective Oct 1, 2005Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2005, c. 512, § 1, eff. Oct. 1, 2005.State of Maryland
(a) Notwithstanding any other provision of Part I of this subtitle and except as provided in subsection (b) of this section, a victim or other person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle if the restitution obligor:
- (1) files a motion under the Maryland Rules to stay execution of the judgment of restitution and the motion has not been decided by the court; and
(2) challenges the conviction, sentence, or judgment of restitution by:
- (i) filing an appeal in a State court or in federal court;
- (ii) applying for leave to appeal following a plea of guilty in a circuit court;
- (iii) filing a motion for exercise of revisory power by the sentencing court under the Maryland Rules;
- (iv) filing an application for review of criminal sentence under Title 8 of this article; or
- (v) filing a notice for in banc review under the Maryland Rules.
- (b) If a restitution obligor has complied with the requirements of subsection (a) of this section and the court has not yet ruled on the request for a stay, a person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle until a court issues a final judgment that upholds the conviction, sentence, or judgment of restitution.
- (c) A person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle until the time has expired in which a restitution obligor may file any of the actions listed under subsection (a)(2)(i) through (v) of this section.
- (d) The judgment of restitution may be enforced in the same way that a monetary judgment is enforced.
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2005, c. 512, § 1, eff. Oct. 1, 2005.
Formerly Art. 27, § 807.