(1) The right of a defendant to appeal from the judgment of conviction is not affected by this chapter. (2) If a person who has been convicted and committed to the department appeals from a conviction, the execution of the commitment to the department shall not be stayed by the appeal except as provided in sub. (3). (3) If the committing court is of the opinion that the appeal was taken in good faith and that the question raised merits review by the appellate court, or when there has been filed with the court a certificate that a judge of an appellate court is of the opinion that questions have been raised that merit review, the judge of the court in which the person was convicted, or in the case of the judge’s incapacity to act, the judge by whom the certificate was filed, may direct that such person be released on bond under such conditions as, in the judge’s opinion, will insure the person’s submission to the control of the department at the proper time if it is determined on the appeal that the department is entitled to custody.
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