| (1) |
A defendant may, as a matter of right, appeal from:
Terms Used In Utah Code 77-18a-1- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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.
- 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.
- 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.
- Verdict: The decision of a petit jury or a judge.
| (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 |
|
| (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 2, 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. |
Amended by Chapter 4, 2021 Special Session 2
