After conviction of an offense not punishable with death, a defendant who has made application for probation or who has appealed may be admitted to bail:
1. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing a fine only.
2. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing imprisonment in cases of misdemeanors.
3. As a matter of discretion in all other cases, except that a person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.
(Amended by Stats. 1984, Ch. 1202, Sec. 2. Effective September 17, 1984. Repealed pursuant to Section 1320.6 if and when that section takes effect.)
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