H.B. 54

This document includes House Committee Amendments incorporated into the bill on Wed, Jan 19, 2005 at 5:02 PM by ddonat. --> 1

CRIMINAL APPEAL AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Scott L Wyatt
5
6 LONG TITLE
7 General Description:
8 This bill clarifies the appeal process in certain criminal and juvenile cases.
9 Highlighted Provisions:
10 This bill:
11 . clarifies that the following appeals are a matter of right for the defendant:
12 . denial of bail;
13 . final judgment of conviction; or
14 . orders made after judgment that affect the defendant's rights;
15 . clarifies that the following appeals are a matter of right for the prosecutor:
16 . pretrial dismissal of felony charge when evidence has been suppressed;
17 . an order granting a motion to withdraw a plea;
18 . an order arresting judgment or granting a motion for merger;
19 . an order of dismissal based on double jeopardy; or
20 . an order holding a statute invalid; and
21 . creates guidelines for appeals from serious youth offender and certification
22 proceedings.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 AMENDS:
29 77-18a-1, as last amended by Chapter 137, Laws of Utah 2004
30 ENACTS:
31 78-3a-604, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 77-18a-1 is amended to read:
35 77-18a-1. Appeals -- When proper.
36 [(1) An appeal may be taken by the defendant from:]
37 (1) A defendant may, as a matter of right, appeal from:
38 (a) [the] a final judgment of conviction, whether by verdict or plea;
39 (b) an order made after judgment that affects the substantial rights of the defendant;
40 [(c) an interlocutory order when upon petition for review the appellate court decides
41 the appeal would be in the interest of justice; or]
42 [(d) any order of the court judging the defendant by reason of a mental disease or
43 defect incompetent to proceed further in a pending prosecution.]
44 [(2) An appeal may be taken by the prosecution from:]
45 (c) an order adjudicating the defendant's competency to proceed further in a pending
46 prosecution; or
47 (d) an order denying bail, as provided in Subsection 77-20-1 (7).
48 (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
49 discretionary appellate review of any interlocutory order.
50 (3) The prosecution may, as a matter of right, appeal from:
51 (a) a final judgment of dismissal, including a dismissal of a felony information
52 following a refusal to bind the defendant over for trial;
53 (b) a pretrial order dismissing a felony charge on the ground that the court's
54 suppression of evidence has substantially impaired the prosecution's case;
55 (c) an order granting a motion to withdraw a plea of guilty or no contest;
56 [(b)] (d) an order arresting judgment or granting a motion for merger;
57 [(c)] (e) an order terminating the prosecution because of a finding of double jeopardy
58 or denial of a speedy trial;

59 [(d) a judgment of the court]
60 (f) an order holding a statute or any part of it invalid;
61 [(e) an order of the court granting a pretrial motion to suppress evidence when upon a
62 petition for review the appellate court decides that the appeal would be in the interest of
63 justice;]
64 [(f) under circumstances not amounting to a final order under Subsection (2)(a), a
65 refusal to bind the defendant over for trial on a felony as charged or a pretrial order dismissing
66 or quashing in part a felony information, when upon a petition for review the appellate court
67 decides that the appeal would be in the interest of justice;]
68 [(g) an order of the court granting a motion to withdraw a plea of guilty or no contest;]
69 [(h) a finding pursuant to Title 77, Chapter 15a, Exemptions from Death Penalty in
70 Capital Cases, that a capital defendant is exempt from a sentence of death, when upon a
71 petition for review the appellate court decides that the appeal would be in the interest of justice;
72 or]
73 (g) an order adjudicating the defendant's competency to proceed further in a pending
74 prosecution;
75 [(i) a] (h) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
76 Execution, that an inmate sentenced to death is incompetent to be executed[.];
77 (i) an order reducing the degree of offense pursuant to Section 76-3-402 ; or
78 (j) an illegal sentence.
79 (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
80 discretionary appellate review of any interlocutory order H. [ issued ] ENTERED .H before
80a jeopardy attaches.
81 Section 2. Section 78-3a-604 is enacted to read:
82 78-3a-604. Appeals from serious youth offender and certification proceedings.
83 (1) A minor may, as a matter of right, appeal from:
84 (a) an order of the juvenile court binding the minor over to the district court as a
85 serious youth offender pursuant to Section 78-3a-602 ; or
86 (b) an order of the juvenile court, after certification proceedings pursuant to Section
87 78-3a-603 , directing that the minor be held for criminal proceedings in the district court.
88 (2) The prosecution may, as a matter of right, appeal from:
89 (a) an order of the juvenile court that a minor charged as a serious youth offender

90 pursuant to Section 78-3a-602 be held for trial in the juvenile court; or
91 (b) a refusal by the juvenile court, after certification proceedings pursuant to Section
92 78-3a-603 , to order that a minor be held for criminal proceedings in the district court.




Legislative Review Note
as of 12-13-04 7:12 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel