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Current as of January 01, 2025 | Updated by Findlaw Staff
(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 under Chapter 20, Bail.
(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;
(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.
Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-18a-1. Appeals--When proper - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-18a-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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