S.B. 133 Enrolled

APPEALS AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Craig A. Peterson
AN ACT RELATING TO THE CODE OF CRIMINAL PROCEDURE; PROVIDING FOR
APPEALS BY THE PROSECUTION IN SPECIFIC CIRCUMSTANCES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
77-18a-1, as last amended by Chapter 65, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 77-18a-1 is amended to read:
77-18a-1. Appeals -- When proper.
(1) An appeal may be taken by the defendant from:
(a) the 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 interlocutory order when upon petition for review the appellate court decides the
appeal would be in the interest of justice; or
(d) any order of the court judging the defendant by reason of a mental disease or defect
incompetent to proceed further in a pending prosecution.
(2) An appeal may be taken by the prosecution 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) 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 of the court holding a statute or any part of it invalid;
(e) an order of the court granting a pretrial motion to suppress evidence when upon a
petition for review the appellate court decides that the appeal would be in the interest of justice;
[or]

(f) under circumstances not amounting to a final order under subsection (2)(a), a refusal to
bind the defendant over for trial on a felony as charged or a pretrial order dismissing or quashing in
part a felony information, when upon a petition for review the appellate court decides that the appeal
would be in the interest of justice; or
[(f)] (g) an order of the court granting a motion to withdraw a plea of guilty or no contest.

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