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2018 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 18a - The Appeal
Section 1 - Appeals -- When proper.
Universal Citation: UT Code § 77-18a-1 (2018)
Effective 5/10/2016
77-18a-1. Appeals -- When proper.
Amended by Chapter 234, 2016 General Session
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, as provided in Subsection 77-20-1(8).
- (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; or
- (k) an illegal sentence.
- (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.
Amended by Chapter 234, 2016 General Session
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