Utah Code § 77-18a-1

Current through the 2024 Fourth Special Session

Section 77-18a-1 - Appeals - When proper

(1) A defendant may, as a matter of right, appeal from:

(a) a final judgment of conviction, whether by verdict or plea;

(b) an order made after judgment that affects the substantial rights of the defendant;

(c) an order adjudicating the defendant's competency to proceed further in a pending prosecution; or

(d) an order denying bail under Chapter 20, Bail.

(2) In addition to any appeal permitted by Subsection (1), a defendant may seek discretionary appellate review of any interlocutory order.

(3) The prosecution may, as a matter of right, appeal from:

(a) a final judgment of dismissal, including a dismissal of a felony information following a refusal to bind the defendant over for trial;

(b) a pretrial order dismissing a charge on the ground that the court's suppression of evidence has substantially impaired the prosecution's case;

(c) an order granting a motion to withdraw a plea of guilty or no contest;

(d) an order arresting judgment or granting a motion for merger;

(e) an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial;

(f) an order granting a new trial;

(g) an order holding a statute or any part of it invalid;

(h) an order adjudicating the defendant's competency to proceed further in a pending prosecution;

(i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for Execution, that an inmate sentenced to death is incompetent to be executed;

(j) an order reducing the degree of offense pursuant to Section 76-3-402;

(k) an illegal sentence; or

(l) an order dismissing a charge pursuant to Subsection 76-2-309(3).

(4) In addition to any appeal permitted by Subsection (3), the prosecution may seek discretionary appellate review of any interlocutory order entered before jeopardy attaches.

Utah Code § 77-18a-1

Amended by Chapter 4, 2021SP2 General Session ,§ 8, eff. 11/16/2021.

Amended by Chapter 431, 2021 General Session ,§ 4, eff. 5/5/2021.

Amended by Chapter 147, 2021 General Session ,§ 2, eff. 5/5/2021.

Amended by Chapter 185, 2020 General Session ,§ 6, eff. 10/1/2020.

Amended by Chapter 234, 2016 General Session ,§ 30, eff. 5/10/2016.

Amended by Chapter 175, 2009 General Session