Utah Code 77-18a-1. Appeals — When proper
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(1) A defendant may, as a matter of right, appeal from:
Terms Used In Utah Code 77-18a-1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
(1)(a) a final judgment of conviction, whether by verdict or plea;
(1)(b) an order made after judgment that affects the substantial rights of the defendant;
(1)(c) an order adjudicating the defendant’s competency to proceed further in a pending prosecution; or
(1)(d) an order denying bail under Chapter 20, Bail.
(2) In addition to any appeal permitted by Subsection (1), a defendant may seek discretionary appellate review of any interlocutory order.
(3) The prosecution may, as a matter of right, appeal from:
(3)(a) a final judgment of dismissal, including a dismissal of a felony information following a refusal to bind the defendant over for trial;
(3)(b) a pretrial order dismissing a charge on the ground that the court’s suppression of evidence has substantially impaired the prosecution’s case;
(3)(c) an order granting a motion to withdraw a plea of guilty or no contest;
(3)(d) an order arresting judgment or granting a motion for merger;
(3)(e) an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial;
(3)(f) an order granting a new trial;
(3)(g) an order holding a statute or any part of it invalid;
(3)(h) an order adjudicating the defendant’s competency to proceed further in a pending prosecution;
(3)(i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for Execution, that an inmate sentenced to death is incompetent to be executed;
(3)(j) an order reducing the degree of offense pursuant to Section 76-3-402;
(3)(k) an illegal sentence; or
(3)(l) an order dismissing a charge pursuant to Subsection 76-2-309(3).
(4) In addition to any appeal permitted by Subsection (3), the prosecution may seek discretionary appellate review of any interlocutory order entered before jeopardy attaches.