S.B. 128 Enrolled

JUSTICE COURT APPEALS REVISION
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Terry R. Spencer
This act modifies provisions providing for appeals from justice court convictions. The act
clarifies the circumstances under which a person or the prosecutor may appeal and provides
for trial de novo in the district court.
This act affects sections of Utah Code Annotated 1953 as follows:
REPEALS AND REENACTS:
78-5-120, as last amended by Chapter 215, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-5-120 is repealed and reenacted to read:
78-5-120. Appeals from justice court -- Trial or hearing de novo in district court.
(1) 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 30 days of:
(a) sentencing after a bench or jury trial, or a plea of guilty in the justice court resulting
in a finding or verdict of guilt; or
(b) a plea of guilty in the justice court that is held in abeyance.
(2) If an appeal under Subsection (1)(b) 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.
(3) A defendant convicted and sentenced in justice court is entitled to a hearing de novo
in the district court on the following matters, if he files a notice of appeal within 30 days of:
(a) an order revoking probation;
(b) an order entering a judgment of guilt pursuant to the person's failure to fulfil the terms
of a plea in abeyance agreement;
(c) a sentence entered pursuant to Subsection (3)(b); or
(d) an order denying a motion to withdraw a plea.
(4) The prosecutor is entitled to a hearing de novo in the district court on:

(a) a final judgment of dismissal;
(b) an order arresting judgment;
(c) an order terminating the prosecution because of a finding of double jeopardy or denial
of a speedy trial;
(d) a judgment holding invalid any part of a statute or ordinance;
(e) a pretrial order excluding evidence, when the prosecutor certifies that exclusion of that
evidence prevents continued prosecution; or
(f) an order granting a motion to withdraw a plea of guilty or no contest.
(5) 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;
(b) with agreement of the parties, the district court consents to retain jurisdiction; or
(c) the defendant enters a plea of guilty in the district court.
(6) The district court shall retain jurisdiction over the case on trial de novo.
(7) 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.

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