Miss. R. Crim. P. 29.5
As amended through October 31, 2024
Upon the filing with the circuit clerk of the written notice of appeal and bonds or cash deposits required by this Rule, unless excused therefrom, the prior judgment of conviction shall be stayed. The appeal shall proceed as a trial de novo. In appeals from justice or municipal court, when the maximum possible sentence is six (6) months or less, the case may be tried without a jury.
Miss. R. Crim. P. 29.5
Comment
Rule 29.5 continues the practice from former Rule 12.02 (C.) of the Uniform Rules of Circuit and County Court. See also Miss. Code Ann. § 99-35-1. As under Rule 18.1(a)(3), a jury trial is discretionary if a defendant's maximum possible sentence is six (6) months or less. See Hinton v. State, 222 So. 2d 690, 692 (Miss. 1969).