2015 California Code
Penal Code - PEN
PART 2 - OF CRIMINAL PROCEDURE
TITLE 8 - OF JUDGMENT AND EXECUTION
CHAPTER 2 - The Execution
Section 1227.
1227. If for any reason other than the pendency of an appeal pursuant to subdivision (b) of Section 1239 of this code a judgment of death has not been executed, and it remains in force, the court in which the conviction was had shall, on application of the district attorney, or may upon its own motion, make and cause to be entered an order appointing a day upon which the judgment shall be executed, which must not be less than 30 days nor more than 60 days from the time of making such order; and immediately thereafter, a certified copy of such order, attested by the clerk, under the seal of the court, shall, for the purpose of execution, be transmitted by registered mail to the warden of the state prison having the custody of the defendant; provided, that if the defendant be at large, a warrant for his apprehension may be issued, and upon being apprehended, he shall be brought before the court, whereupon the court shall make an order directing the warden of the state prison to whom the sheriff is instructed to deliver the defendant to execute the judgment at a specified time, which shall not be less than 30 days nor more than 60 days from the time of making such order.
From an order fixing the time for and directing the execution of such judgment as herein provided, there shall be no appeal.
(Amended by Stats. 1959, Ch. 602.)
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