Defendant: When to be Discharged Upon Reversal

8 GCA § 130.65 — under Appeals.

8 GCA § 130.65

If a judgment against the defendant is reversed without ordering a new trial, the appellate court shall, if he is in custody,

direct him to be discharged therefrom; or if on bail, that his bail be exonerated; or if money was deposited instead of bail, that it be refunded to the defendant or to the person found by the court to have deposited the money on behalf of the defendant. If a judgment against the defendant is reversed without ordering a new trial and defendant has theretofore paid a fine in the case, reversal shall also be deemed an order that the fine be returned to defendant. NOTE: Section 130.65 is the same in substance as former § 1262. Contrast Cal. Pen. Code § 1262 (reversal deemed an order for new trial unless court otherwise directs).