77-20-302. Grounds for detaining defendant while appealing the defendant’s conviction — Conditions for release while on appeal.
| (1) |
The court shall order that a defendant who has been found guilty of an offense in a court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the court finds:
Terms Used In Utah Code 77-20-302- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
| (a) |
the appeal raises a substantial question of law or fact likely to result in:
| (ii) |
an order for a new trial; or |
| (iii) |
a sentence that does not include a term of imprisonment in jail or prison; |
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| (b) |
the appeal is not for the purpose of delay; and |
| (c) |
by clear and convincing evidence presented by the defendant, that the defendant:
| (i) |
is not likely to flee the jurisdiction of the court if released; and |
| (ii) |
will not pose a danger to the physical, psychological, or financial and economic safety or well-being of any other person or the community if released. |
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| (2) |
| (a) |
If the court makes a finding under Subsection (1) that justifies not detaining the defendant, the court shall order the release of the defendant, subject to only conditions of release that are reasonably available and necessary to reasonably ensure the appearance of the defendant as required and the safety of any other individual, property, and the community. |
| (b) |
The conditions under Subsection (2)(a) may include conditions described in Subsection 77-20-205(5). |
| (c) |
The court may, in the court’s discretion, amend an order granting release to impose additional or different conditions of release. |
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| (3) |
If the defendant is found guilty of an offense in a court not of record and files a timely notice of appeal in accordance with Subsection 78A-7-118(2) for a trial de novo, the court shall stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance of the evidence that the defendant poses a danger to another person or the community. |
| (4) |
If a stay is ordered, the court may order postconviction restrictions on the defendant’s conduct as appropriate, including:
| (a) |
continuation of any pretrial restrictions or orders; |
| (b) |
sentencing protective orders under Section 78B-7-804; |
| (c) |
drug and alcohol use; |
| (d) |
use of an ignition interlock; and |
| (e) |
posting appropriate monetary bail. |
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| (5) |
The provisions of Subsections (3) and (4) do not apply to convictions for an offense under 5. |
| (6) |
Any stay authorized by Subsection (3) is lifted upon the dismissal of the appeal by the district court. |
Amended by Chapter 113, 2023 General Session
Amended by Chapter 408, 2023 General Session
