Rule 8.1 - Stays in Criminal Cases(a) Stay of Execution. (1) Death. A sentence of death shall be stayed upon the filing of a notice of appeal.(2) Imprisonment. A sentence of imprisonment shall be stayed if a notice of appeal is filed and a defendant elects not to commence service of the sentence or is admitted to bail. The sentencing court shall, upon written notice of the defendant for a stay and stating that he intends to seek review, stay a sentence of imprisonment but for not more than sixty days if the defendant is not admitted to bail.(3) Fine. A sentence to pay a fine or a fine and costs may be stayed by the trial court upon such terms as the court deems proper if a notice of appeal is filed. The court may require the defendant to deposit the whole or any part of the fine and costs in the registry of the trial court or to give bond for the payment thereof, or to submit to an examination of assets, and it may make an appropriate order to restrain the defendant from dissipating his assets.(4) Probation. An order placing the defendant on probation shall remain in effect pending review by an appellate court unless the court grants a stay of probation.(b) Bail. Admission to bail pending the determination of review as provided in Rule 46, Crim. P.(c) Application for Relief Pending Review. If an application is made to an appellate court, or justice or judge thereof, for bail pending review or for an extension of time for filing the record or for any other relief which might have been granted by the trial court, the application shall be upon notice and shall show that application to the court below or a judge thereof is not practicable or that application has been made and denied, with the reasons given for the denial, or that the lower court action on the application did not afford the relief to which the applicant considers himself entitled.Source: a4 amended and effective 1/26/1995. Annotation Defendant who elects not to commence service of his sentence cannot receive credit for time spent in jail pending disposition of an appeal. People v. Scott, 176 Colo. 86, 489 P.2d 198 (1971). See People v. Falgout, 176 Colo. 94, 489 P.2d 195 (1971). Once the choice has been made, the defendant is bound by his election not to commence service of his sentence. People v. Scott, 176 Colo. 86, 489 P.2d 198 (1971). Once probationary period has expired and an order terminating defendant's probation is entered, the prosecution cannot rely on the notice of appeal filed by defendant at the start of the probationary period as grounds that defendant's probation was stayed and that he never commenced his probation. People v. Chesnick, 797 P.2d 812 (Colo. App. 1990). Subsection 8.1(a)(4) automatically stays a probation order when a notice of appeal is filed, and the trial court lacked jurisdiction to revoke defendant's probation. Defendant did not waive the right to a stay of the probation order by participating in the probation program. People v. Taylor, 876 P.2d 130 (Colo. App. 1994) (decided prior to 1995 amendment to subsection (a)(4)). No automatic stay of probation order pending appeal. Under subsection (a)(4) of this rule, as amended, the trial court retains jurisdiction to modify and terminate probation during the pendency of an appeal. People v. Widhalm, 991 P.2d 291 (Colo. App. 1999). Applied in People v. District Court, 191 Colo. 558, 554 P.2d 1105 (1976).