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[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-18a-1 Appeals - When proper.
(1) An appeal may be taken by the defendant from:
(a) the final judgment of conviction, whether by verdict or plea;
(b) an order made after judgment that affects the substantial rights of the defendant;
(c) an interlocutory order when upon petition for review the appellate court decides the appeal would be in the interest of justice; or
(d) any order of the court judging the defendant by reason of a mental disease or defect incompetent to proceed further in a pending prosecution.
(2) An appeal may be taken by the prosecution from:
(a) a final judgment of dismissal, including a dismissal of a felony information following a refusal to bind the defendant over for trial;
(b) an order arresting judgment;
(c) an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial;
(d) a judgment of the court holding a statute or any part of it invalid;
(e) an order of the court granting a pretrial motion to suppress evidence when upon a petition for review the appellate court decides that the appeal would be in the interest of justice;
(f) under circumstances not amounting to a final order under Subsection (2)(a), a refusal to bind the defendant over for trial on a felony as charged or a pretrial order dismissing or quashing in part a felony information, when upon a petition for review the appellate court decides that the appeal would be in the interest of justice;
(g) an order of the court granting a motion to withdraw a plea of guilty or no contest; or
(h) a finding pursuant to Title 77, Chapter 15a, Exemptions
from Death Penalty in Capital Cases, that a capital defendant
is exempt from a sentence of death, when upon a petition
for review the appellate court decides that the appeal would
be in the interest of justice.
2003
77-18a-2 Capital cases.
After the resolution of an initial appeal of a capital
case when the sentence of death has been imposed, a subsequent
appeal may not be entertained by any court and a stay of
execution of the sentence may not be granted when the appeal
does not raise any new matter not previously resolved or
when the new matter could have been raised at the previous
appeal.
1990
