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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
23 Monies Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 77-18a-1, as last amended by Chapter 137, Laws of Utah 2004
31 78-3a-604, Utah Code Annotated 1953
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.
37 (1) A defendant may, as a matter of right, appeal from:
38 (a) [
39 (b) an order made after judgment that affects the substantial rights of the defendant;
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;
58 or denial of a speedy trial;
60 (f) an order holding a statute or any part of it invalid;
73 (g) an order adjudicating the defendant's competency to proceed further in a pending
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 issued before 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.