77-18a-1 - Appeals -- When proper. - Utah Statutes

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 pendingprosecution; or
(d) an order denying bail, as provided in Subsection 77-20-1(7).
(2) In addition to any appeal permitted by Subsection (1), a defendant may seekdiscretionary 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 followinga refusal to bind the defendant over for trial;
(b) a pretrial order dismissing a charge on the ground that the court's suppression ofevidence 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 denialof 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 pendingprosecution;
(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 seekdiscretionary appellate review of any interlocutory order entered before jeopardy attaches.

Amended by Chapter 175, 2009 General Session