H.B. 209 Enrolled

1

AMENDMENTS TO CRIMINAL APPEALS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Julie Fisher
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill allows the prosecution to appeal an order granting a new trial.
10 Highlighted Provisions:
11 This bill:
12 . allows the prosecution, as a matter of right, to appeal an order granting a new trial.
13 Monies Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 77-18a-1, as last amended by Laws of Utah 2006, Chapter 93
20
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 77-18a-1 is amended to read:
23 77-18a-1. Appeals -- When proper.
24 (1) A defendant may, as a matter of right, appeal from:
25 (a) a final judgment of conviction, whether by verdict or plea;
26 (b) an order made after judgment that affects the substantial rights of the defendant;
27 (c) an order adjudicating the defendant's competency to proceed further in a pending
28 prosecution; or
29 (d) an order denying bail, as provided in Subsection 77-20-1 (7).

30 (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
31 discretionary appellate review of any interlocutory order.
32 (3) The prosecution may, as a matter of right, appeal from:
33 (a) a final judgment of dismissal, including a dismissal of a felony information
34 following a refusal to bind the defendant over for trial;
35 (b) a pretrial order dismissing a charge on the ground that the court's suppression of
36 evidence has substantially impaired the prosecution's case;
37 (c) an order granting a motion to withdraw a plea of guilty or no contest;
38 (d) an order arresting judgment or granting a motion for merger;
39 (e) an order terminating the prosecution because of a finding of double jeopardy or
40 denial of a speedy trial;
41 (f) an order granting a new trial;
42 [(f)] (g) an order holding a statute or any part of it invalid;
43 [(g)] (h) an order adjudicating the defendant's competency to proceed further in a
44 pending prosecution;
45 [(h)] (i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
46 Execution, that an inmate sentenced to death is incompetent to be executed;
47 [(i)] (j) an order reducing the degree of offense pursuant to Section 76-3-402 ; or
48 [(j)] (k) an illegal sentence.
49 (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
50 discretionary appellate review of any interlocutory order entered before jeopardy attaches.