46-20-707. Discharge of defendant on reversal of judgment. If a judgment against the defendant is reversed without ordering a new trial, the appellate court shall:

(1) if the defendant is in custody, direct the defendant to be discharged from custody;

(2) if the defendant is on bail, direct that the defendant's bail be exonerated; or

(3) if money was deposited instead of bail, direct that it be refunded to the defendant.