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First Substitute S.B. 133

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APPEALS AMENDMENTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Craig A. Peterson

5    AN ACT RELATING TO THE CODE OF CRIMINAL PROCEDURE; PROVIDING FOR
6    APPEALS BY THE PROSECUTION IN SPECIFIC CIRCUMSTANCES.
7    This act affects sections of Utah Code Annotated 1953 as follows:
8    AMENDS:
9         77-18a-1, as last amended by Chapter 65, Laws of Utah 1995
10    Be it enacted by the Legislature of the state of Utah:
11        Section 1. Section 77-18a-1 is amended to read:
12         77-18a-1. Appeals -- When proper.
13        (1) An appeal may be taken by the defendant from:
14        (a) the final judgment of conviction, whether by verdict or plea;
15        (b) an order made after judgment that affects the substantial rights of the defendant;
16        (c) an interlocutory order when upon petition for review the appellate court decides the
17    appeal would be in the interest of justice; or
18        (d) any order of the court judging the defendant by reason of a mental disease or defect
19    incompetent to proceed further in a pending prosecution.
20        (2) An appeal may be taken by the prosecution from:
21        (a) a final judgment of dismissal, including a dismissal of a felony information following
22    a refusal to bind the defendant over for trial;
23        (b) an order arresting judgment;
24        (c) an order terminating the prosecution because of a finding of double jeopardy or denial
25    of a speedy trial;
26        (d) a judgment of the court holding a statute or any part of it invalid;
27        (e) an order of the court granting a pretrial motion to suppress evidence when upon a


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

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