S.B. 128

1

JUSTICE COURT APPEALS REVISION
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Terry R. Spencer
5 This act modifies provisions providing for appeals from justice court convictions. The act
6 clarifies the circumstances under which a person or the prosecutor may appeal and provides
7 for trial de novo in the district court.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 REPEALS AND REENACTS:
10 78-5-120, as last amended by Chapter 215, Laws of Utah 1997
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 78-5-120 is repealed and reenacted to read:
13 78-5-120. Appeals from justice court -- Trial or hearing de novo in district court.
14 (1) In a criminal case, a defendant is entitled to a trial de novo in the district court only if
15 the defendant files a notice of appeal within 30 days of:
16 (a) sentencing after a bench or jury trial h , OR A PLEA OF GUILTY h in the justice court
16a resulting in a finding or verdict
17 of guilt; or
18 (b) a plea of guilty in the justice court h [ whether the plea is entered or ] THAT IS h held in
18a abeyance.
19 (2) If an appeal under Subsection (1)(b) is of a plea entered pursuant to negotiation with
20 the prosecutor, and the defendant did not reserve the right to appeal as part of the plea negotiation,
21 the negotiation is voided by the appeal.
22 (3) A defendant convicted and sentenced in justice court is entitled to a hearing de novo
23 in the district court on the following matters h , IF HE FILES A NOTICE OF APPEAL WITHIN 30 DAYS
23a OF h :
24 (a) an order revoking probation;
25 (b) an order entering a judgment of guilt pursuant to the person's failure to fulfil the terms
26 of a plea in abeyance agreement;
27 (c) a sentence h [ claimed to be illegal or excessive ] ENTERED PURSUANT TO SUBSECTION
27a (3)(b) h ; or

28 (d) an order denying a motion to withdraw a plea.
29 (4) The prosecutor is entitled to a hearing de novo in the district court on:
30 (a) a final judgment of dismissal;
31 (b) an order arresting judgment;
32 (c) an order terminating the prosecution because of a finding of double jeopardy or denial
33 of a speedy trial;
34 (d) a judgment holding invalid any part of a statute or ordinance;
35 (e) a pretrial order excluding evidence, when the prosecutor certifies that exclusion of that
36 evidence prevents continued prosecution; or
37 (f) an order granting a motion to withdraw a plea of guilty or no contest.
38 (5) Upon entering a decision in a hearing de novo, the district court shall remand the case
39 to the justice court unless:
40 (a) the decision results in immediate dismissal of the case;
41 (b) with agreement of the parties, the district court consents to retain jurisdiction; or
42 (c) the defendant enters a plea of guilty in the district court.
43 (6) The district court shall retain jurisdiction over the case on trial de novo.
44 (7) The decision of the district court is final and may not be appealed unless the district
45 court rules on the constitutionality of a statute or ordinance.




Legislative Review Note
as of 1-2-01 3:27 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel