78A-7-118. Appeals from justice court — Trial or hearing de novo in district court.
| (1) |
As used in this section:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 | | class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 78A-7-118- 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.
- 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.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
“Restitution” means the same as that term is defined in Section 77-38b-102. |
| (b) |
“Victim” means the same as that term is defined in Section 77-38b-102. |
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| (2) |
In a criminal case, a defendant is entitled to a trial de novo in the district court only if the defendant files a notice of appeal within 28 days after the day on which:
| (a) |
except as provided in Subsection (5)(a)(ii), the justice court sentences the defendant; or |
| (b) |
the defendant enters a plea of guilty or no contest in the justice court that is held in abeyance. |
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| (3) |
Upon filing a proper notice of appeal, any term of a sentence imposed by the justice court is stayed as provided for in Section 77-20-302 and the Utah Rules of Criminal Procedure. |
| (4) |
If an appeal under Subsection (2) is of a plea entered pursuant to negotiation with the prosecutor, and the defendant did not reserve the right to appeal as part of the plea negotiation, the negotiation is voided by the appeal. |
| (5) |
| (a) |
A defendant convicted and sentenced in the justice court is entitled to a hearing de novo in the district court regarding:
| (i) |
an order revoking probation; |
| (ii) |
a sentence after a determination that a defendant failed to fulfill the terms of a plea in abeyance agreement; |
| (iii) |
an order denying a motion to withdraw a plea if the plea is being held in abeyance and the motion to withdraw the plea is filed within 28 days after the day on which the plea is entered; |
| (iv) |
an order for restitution; or |
| (v) |
an order denying expungement. |
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| (b) |
A defendant seeking an appeal under Subsection (5)(a) shall file a notice of appeal within 28 days after the day on which the justice court enters the order or sentence. |
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| (6) |
| (a) |
A defendant who has entered into a plea in abeyance in the justice court is entitled to a hearing de novo in the district court on the determination by the justice court as to the amount of restitution owed by the defendant as a part of the plea in abeyance agreement. |
| (b) |
A defendant seeking an appeal under Subsection (6)(a) shall file a notice of appeal within 28 days after the day on which the justice court enters the order for restitution. |
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| (7) |
| (a) |
A prosecutor is entitled to a hearing de novo in the district court regarding:
| (i) |
a final judgment of dismissal; |
| (ii) |
an order arresting judgment; |
| (iii) |
an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial; |
| (iv) |
a judgment holding invalid any part of a statute or ordinance; |
| (v) |
a pretrial order excluding evidence when the prosecutor certifies that exclusion of that evidence prevents continued prosecution of an infraction or class C misdemeanor; |
| (vi) |
a pretrial order excluding evidence when the prosecutor certifies that exclusion of that evidence impairs continued prosecution of a class B misdemeanor; |
| (vii) |
an order granting a motion to withdraw a plea of guilty or no contest; or |
| (viii) |
an order granting an expungement if the expungement was opposed by the prosecution or a victim before the order was entered. |
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| (b) |
A prosecutor seeking an appeal under Subsection (7)(a) shall file a notice of appeal within 28 days after the day on which the justice court enters the order or judgment. |
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| (8) |
| (a) |
A prosecutor or a victim is entitled to a restitution hearing de novo in the district court regarding restitution if:
| (i) |
a request for restitution was made in the justice court; and |
| (ii) |
the justice court:
| (A) |
failed to order the defendant to pay restitution to the victim; or |
| (B) |
ordered the defendant to pay restitution in an amount less than requested. |
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| (b) |
A prosecutor or victim seeking an appeal under Subsection (8)(a) shall file a notice of appeal within 28 days after the day on which the justice court:
| (i) |
failed to order the defendant to pay restitution; or |
| (ii) |
ordered the defendant to pay restitution in an amount less than requested. |
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| (9) |
Upon entering a decision in a hearing de novo, the district court shall remand the case to the justice court unless:
| (a) |
the decision results in immediate dismissal of the case; or |
| (b) |
the hearing de novo was on a pretrial order and the parties and the district court agree to have the district court retain jurisdiction. |
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| (10) |
The district court shall retain jurisdiction over the case on trial de novo. |
| (11) |
The decision of the district court is final and may not be appealed unless the district court rules on the constitutionality of a statute or ordinance. |
Amended by Chapter 113, 2023 General Session
